Legal Opinion

Wertentiel v. Coe

Civil Court of the City of New York

Decided June 9, 1986PublishedCited by 2 opinions

1Opinion of the Court

*217OPINION OF THE COURT

Alice Schlesinger, J.

Petitioner has moved for summary judgment in this nonprimary residence proceeding. Respondent has opposed the motion, and has cross-moved to dismiss pursuant to CPLR 3211 (a) (1), (2) and (7) based on the allegedly invalid "Notice of Termination”. On the authority of Siegel v Kentucky Fried Chicken (108 AD2d 218 [2d Dept 1985], affd 67 NY2d 792) and for the reasons stated below, respondent’s motion to dismiss is granted, and petitioner’s motion for summary judgment is denied as moot.

The "Notice of Termination” at issue here is a one-page document…

2Cases cited5 opinions

  1. Reeder v. . SayreNew York Court of Appeals · 1877
  2. Siegel v. Kentucky Fried Chicken of Long Island, Inc.New York Court of Appeals · 1986
  3. Siegel v. Kentucky Fried Chicken of Long Island, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
  4. A. Dubois & Son, Inc. v. Goldsmith Bros.Appellate Division of the Supreme Court of the State of New York · 1948
  5. Stribula v. WienAppellate Terms of the Supreme Court of New York · 1980

3Cited by2 opinions

  1. Paul Ruth Trading Co. v. Royal Yarn Dyeing Corp. (In Re Royal Yarn Dyeing Corp.)United States Bankruptcy Court, E.D. New York · 1990
  2. Basch v. HooperCivil Court of the City of New York · 1986

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