Legal Opinion

Schwaner v. Collins

Appellate Division of the Supreme Court of the State of New York

Decided April 29, 2005PublishedCited by 2 opinions

1Opinion of the Court

Appeal from a judgment (denominated order) of the Supreme Court, Ontario County (Craig J. Doran, A.J.), entered February 18, 2004 in a proceeding commenced pursuant to CPLR article 78 and RPTL article 7. The judgment granted respondents’ motion to dismiss that part of the petition seeking relief pursuant to CPLR article 78.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the first cause of action is reinstated.

Memorandum: Petitioners commenced this special proceeding *1069pursuant to CPLR…

2Cases cited7 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Guggenheimer v. GinzburgNew York Court of Appeals · 1977
  3. Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
  4. Allegheny Pittsburgh Coal Co. v. Commission of Webster Cty.Supreme Court of the United States · 1989
  5. Held v. KaufmanNew York Court of Appeals · 1998

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Lemiszko v. Mosovich 2014 Family TrustAppellate Division of the Supreme Court of the State of New York · 2021
  2. Passero v. SicilianoAppellate Division of the Supreme Court of the State of New York · 2007

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