Legal Opinion
Di Roma v. Tripodi Eyewear International, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided September 26, 1995PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered March 24, 1994, which denied plaintiffs motion for summary judgment pursuant to CPLR 3212, and which denied defendants’ cross-motion for summary judgment pursuant to CPLR 3212 dismissing the complaint, affirmed, without costs.
The IAS Court properly determined that the parties’ respective motions for summary judgment were precluded by triable issues of fact, requiring discovery, with respect to the plaintiffs reasons for its admitted ten year delay in pursuing the action, whether abandonment, estoppel or waiver are…
2Cases cited6 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
- Hadden v. Consolidated Edison Co.New York Court of Appeals · 1978
- Ellis v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
- Auerbach v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by4 opinions
- Carino Italian Style, S.R.L. v. ShammahAppellate Division of the Supreme Court of the State of New York · 1999
- City of New York v. Sutphin TrustAppellate Division of the Supreme Court of the State of New York · 1999
- City of New York v. Sutphin TrustAppellate Division of the Supreme Court of the State of New York · 1999
- Promenade v. Schindler Elevator Corp.Appellate Division of the Supreme Court of the State of New York · 2002