Legal Opinion
Rosgro Realty Co. v. Braynen
Appellate Terms of the Supreme Court of New York
Decided February 17, 1972PublishedCited by 27 opinions
1Per curiam
The order appealed from was an attempt of a Judge at Special Term of the Civil Court, in violation of the doctrine against collateral vacatur, to review and reverse the prior, subsisting order of a peer Judge made at Trial Term of the Civil Court in a summary proceeding (Mt. Sinai Hosp. v. Davis, 8 A D 2d 361; Endurance Holding Corp. v. Kramer Surgical Stores, 227 App. Div. 582, 584; CPLB 2221). No appeal having been taken within the time limited, the subsisting stay order is unassailable for any claimed error unless, in the exercise of discretion, despite gross laches, for some extraordinary…
2Cases cited6 opinions
- Endurance Holding Corp. v. Kramer Surgical Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1930
- Cal Cal Realty Corp. v. TaylorAppellate Terms of the Supreme Court of New York · 1970
- Crane v. Van DerveerAppellate Division of the Supreme Court of the State of New York · 1899
- Haacke v. MarxNew York Court of Appeals · 1925
- Haacke v. MarxAppellate Division of the Supreme Court of the State of New York · 1924
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Jackson v. New York City Housing AuthorityAppellate Terms of the Supreme Court of New York · 1976
- Mandel v. PitkowskyAppellate Terms of the Supreme Court of New York · 1979
- Fitzgerald v. WashingtonCivil Court of the City of New York · 1975
- Lipkis v. PikusCivil Court of the City of New York · 1978
- McClelland v. RobinsonCivil Court of the City of New York · 1978
22 more not listed; retrieve them via the Exa API.