Legal Opinion
Dinizio & Cook, Inc. v. Duck Creek Marina at Three Mile Harbor, Ltd.
Appellate Division of the Supreme Court of the State of New York
Decided September 26, 2006PublishedCited by 5 opinions
1Opinion of the Court
*990In an action, inter alia, to recover damages for unjust enrichment and for an accounting, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Werner, J.), dated January 18, 2005, which denied its motion pursuant to CPLR 5015 (d) for restitution of money paid to satisfy a judgment, and, sua sponte, amended the defendants’ first and second counterclaims to allege a 1998 default on the subject promissory note.
Ordered that on the Court’s own motion, the notice of appeal from so much of the order as, sua sponte, amended the defendants’ first and second counterclaims is…
2Cases cited8 opinions
- Dittmar Explosives, Inc. v. A. E. Ottaviano, Inc.New York Court of Appeals · 1967
- In re the Estate of DentonAppellate Division of the Supreme Court of the State of New York · 2004
- Gagen v. Kipany Productions, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Deli of Latham, Inc. v. FreijeAppellate Division of the Supreme Court of the State of New York · 1987
- Horvath v. Grid Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1978
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3Cited by5 opinions
- Worthen-Caldwell v. Special Touch Home Care Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Cinao v. ReersNew York Supreme Court · 2010
- Gaisi v. GaisiAppellate Division of the Supreme Court of the State of New York · 2013
- MRI Enters., Inc. v. Comprehensive Med. Care of N.Y., P.C.Appellate Division of the Supreme Court of the State of New York · 2014
- Gaisi v. GaisiAppellate Division of the Supreme Court of the State of New York · 2013