Legal Opinion
Rubiano v. Kelly
Appellate Division of the Supreme Court of the State of New York
Decided February 10, 2016No. 2014-10172PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover the down payment on a contract for the sale of real property, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (McCormack, J.), dated June 25, 2014, as denied that branch of the defendants’ motion which was for an award of an attorney’s fee to the defendant Victoria Kaplan, with leave to “re-file,” and denied those branches of his motion which were for summary judgment on the complaint insofar as asserted against the defendant Joseph Kelly, pursuant to CPLR 3211 (a) (5) to dismiss the defendants’…
2Cases cited21 opinions
- Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
- Carter v. . BeckwithNew York Court of Appeals · 1891
- ADC Orange, Inc. v. Coyote Acres, Inc.New York Court of Appeals · 2006
- Breed, Abbott & Morgan v. HulkoNew York Court of Appeals · 1989
- Savitsky v. SukenikAppellate Division of the Supreme Court of the State of New York · 1997
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3Cited by3 opinions
- Kweku v. ThomasAppellate Division of the Supreme Court of the State of New York · 2016
- Amici v. MazzaAppellate Division of the Supreme Court of the State of New York · 2025
- Plotkin v. Republic-Franklin Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2019