Legal Opinion
Wyoming County Bank v. Ackerman
Appellate Division of the Supreme Court of the State of New York
Decided September 28, 2001PublishedCited by 5 opinions
1Opinion of the Court
—Judgment unanimously affirmed without costs. Memorandum: We reject defendant’s contention that Supreme Court (NeMoyer, J.) erred in granting plaintiffs motion for a directed verdict when another Supreme Court Justice (Notaro, J.) had previously denied plaintiffs motion for summary judgment. Justice Notaro had found a triable issue of fact whether defendant complied with an agreement between the parties. “A denial of a motion for summary judgment is not necessarily res judicata or the law of the case that there is an issue of fact in the case that will be established at the trial”…
2Cases cited4 opinions
- Rotunno v. City of RochesterNew York Court of Appeals · 1988
- Sackman-Gilliland Corp. v. Senator Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1974
- Smith v. Hooker Chemical & Plastic Corp.New York Court of Appeals · 1988
- Smith v. Hooker Chemical & Plastics Corp.Appellate Division of the Supreme Court of the State of New York · 1986
3Cited by5 opinions
- Bukowski v. Clarkson UniversityAppellate Division of the Supreme Court of the State of New York · 2011
- Quackenbush v. Gar-Ben AssociatesAppellate Division of the Supreme Court of the State of New York · 2003
- Artessa v. City of UticaAppellate Division of the Supreme Court of the State of New York · 2005
- KNIGHT, FREDERICK G. v. HOLLAND, ROBERTAppellate Division of the Supreme Court of the State of New York · 2017
- Caleb v. Sevenson Environmental Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2010