Legal Opinion
Plaza 400 Owners Corp. v. Resnicoff
Civil Court of the City of New York
Decided March 18, 1996PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Michael D. Stallman, J.
Does short service require denial of an interlocutory motion? Is short service of a motion for summary judgment in lieu of complaint a jurisdictional defect? Is CPLR 3213 relief available on a guarantee of monetary and nonmonetary lease obligations?
FACTS
Plaintiff cooperative corporation sues defendant, the father of a shareholder-proprietary lessee, for unpaid maintenance, based on defendant’s guarantee of his son’s lease. There are two other pending actions concerning the underlying dispute; each has different parties. In a 1994 Supreme Court…
2Cases cited21 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Maglich v. Saxe, Bacon & Bolan, P. C.Appellate Division of the Supreme Court of the State of New York · 1983
- Manufacturers Hanover Trust Co. v. GreenAppellate Division of the Supreme Court of the State of New York · 1983
- Todd v. Gull Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1964
- Perez v. PerezAppellate Division of the Supreme Court of the State of New York · 1987
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3Cited by5 opinions
- Dolan v. LinnenCivil Court of the City of New York · 2003
- Goldstein v. SaltzmanNew York Supreme Court · 2006
- Imbriano v. SeamanNassau County District Court · 2001
- Schulz v. BarrowsAppellate Division of the Supreme Court of the State of New York · 1999
- Tokyo Leasing (U.S.A.) Inc. v. G-IV Wash, Clean & Dry, Inc.Nassau County District Court · 2004