Legal Opinion
Gross v. Perales
New York Court of Appeals
Decided July 6, 1988PublishedCited by 108 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
The primary issue presented on this appeal is whether a municipality may challenge a determination by a State administrative agency, and at the same time recover wrongfully withheld money from the State, within the context of an article 78 proceeding in Supreme Court, or whether such a lawsuit must be commenced in whole or in part in the Court *234of Claims. We hold that where the thrust of the lawsuit is the review of an adverse State agency determination, with the monetary relief incidental, Supreme Court may entertain the entire case under CPLR article 78.
Petitione…
2Cases cited16 opinions
- Solnick v. WhalenNew York Court of Appeals · 1980
- Psaty v. DuryeaNew York Court of Appeals · 1954
- Morell v. BalasubramanianNew York Court of Appeals · 1987
- Gunn v. BlumNew York Court of Appeals · 1979
- Breen v. Mortgage CommissionNew York Court of Appeals · 1941
11 more not listed; retrieve them via the Exa API.
3Cited by108 opinions
- Roberts v. Tishman Speyer Properties, L.P.New York Court of Appeals · 2009
- Whitfield v. City of New YorkCourt of Appeals for the Second Circuit · 2024
- White v. ReganAppellate Division of the Supreme Court of the State of New York · 1991
- Dyno v. RoseAppellate Division of the Supreme Court of the State of New York · 1999
- LaDuke v. LyonsAppellate Division of the Supreme Court of the State of New York · 1998
103 more not listed; retrieve them via the Exa API.