Legal Opinion

Coleman, Grasso & Zasada Appraisals, Inc. v. Coleman

Appellate Division of the Supreme Court of the State of New York

Decided January 22, 1998PublishedCited by 10 opinions

1Opinion of the Court

Mikoll, J. P.(1) Cross appeals from an order of the Supreme Court (Lynch, J.), entered December 5, 1996 in Schenectady County, which, inter alia, granted defendant’s motion to serve an amended answer, and (2) appeal from an order of said court, entered April 23, 1997 in Schenectady County, which denied defendant’s motion for reargument.

The matter before us deals with the “relation back doctrine” (see, CPLR 203 [d], [f]) as it applies to the instant litigation. Plaintiff sued defendant for violation of a noncompetition clause contained in a contract executed by the parties on May 8, 1985 under…

2Cases cited4 opinions

  1. Shapiro v. SchoningerAppellate Division of the Supreme Court of the State of New York · 1986
  2. Bernstein v. SpatolaAppellate Division of the Supreme Court of the State of New York · 1986
  3. Jones v. GellesAppellate Division of the Supreme Court of the State of New York · 1986
  4. Menio v. Akzo Salt, Inc.Appellate Division of the Supreme Court of the State of New York · 1995

3Cited by10 opinions

  1. United States Fidelity & Guaranty Co. v. Delmar Development Partners, LLCAppellate Division of the Supreme Court of the State of New York · 2005
  2. Lawyers' Fund for Client Protection v. JP Morgan Chase Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Joseph Barsuk, Inc. v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 2001
  4. American Stock Exchange, LLC v. Mopex, Inc.District Court, S.D. New York · 2002
  5. Fortin v. Hill & Markes, Inc.Appellate Division of the Supreme Court of the State of New York · 2003

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