Legal Opinion

Magini v. Otnorp, Ltd.

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

Decided February 11, 1992PublishedCited by 4 opinions

1Opinion of the Court

Order, Supreme Court, New York County (C. Beauchamp Ciparick, J.), entered January 25, 1991, to the extent that it denied defendants’ motion for summary judgment on their affirmative defense of election of remedies, and granted plaintiff’s cross-motion to dismiss that affirmative defense, unanimously reversed, on the law, the affirmative defense is reinstated, and summary judgment is granted to defendants, dismissing the complaint, without costs. The clerk is directed to enter judgment in favor of defendants dismissing plaintiff’s complaint.

Plaintiff was employed as a waiter for 10 years at…

2Cases cited2 opinions

  1. Marine Midland Bank, N. A. v. New York State Division of Human RightsNew York Court of Appeals · 1989
  2. Nagle v. John Hancock Mutual Life InsuranceDistrict Court, S.D. New York · 1991

3Cited by4 opinions

  1. Vincent MOODIE, Plaintiff-Appellant, v. FEDERAL RESERVE BANK OF NEW YORK, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1995
  2. Mendoza v. SSC & B Lintas, New YorkDistrict Court, S.D. New York · 1992
  3. Moodie v. Federal Reserve Bank of New YorkDistrict Court, S.D. New York · 1994
  4. Klaper v. Cypress Hills CemeteryAppellate Division of the Supreme Court of the State of New York · 2020

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