Legal Opinion

Moutopoulis v. 2075-2081 Wallace Avenue Owners Corp.

Civil Court of the City of New York

Decided March 17, 2015Published

1Opinion of the Court

OPINION OF THE COURT

Paul A. Goetz, J.

Before the court are plaintiff’s motion for summary judgment pursuant to CPLR 3212 and defendant’s cross motion to dismiss pursuant to CPLR 3211 (a) (1) and (7), or for summary judgment pursuant to CPLR 3212.

Background

In this matter, plaintiff seeks the return of $10,000, the sum of two deposits of $5,000 each, made by plaintiff to defendant in connection with plaintiff’s successful bids during two nonjudicial' auction sales by defendant of certain shares of 2075-2081 Wallace Avenue Owners Corp., specifically those shares appurtenant to units 172 (located…

2Cases cited11 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
  4. Vega v. Restani Construction Corp.New York Court of Appeals · 2012
  5. Ortiz v. Varsity Holdings, LLCNew York Court of Appeals · 2011

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