Legal Opinion
133-135 Covent Restaurant Corp. v. Covent Associates, L.P.
Appellate Division of the Supreme Court of the State of New York
Decided July 6, 1995PublishedCited by 1 opinion
1Opinion of the Court
Judgment, Supreme Court, New York County (Emily Jane Goodman, J.), entered August 30, 1994, dismissing the complaint and bring*412ing up for review an order, same court and Justice, entered on or about August 25,1994, which, inter alia, granted defendant’s motion pursuant to CPLR 3012 (b) to dismiss the action for failure to serve a complaint, unanimously affirmed, with costs.
Contrary to plaintiff’s erroneous belief (see, Matter of People v New Woman, 197 AD2d 525, lv dismissed 83 NY2d 904) that its removal application stayed it from prosecuting the action, plaintiff was "debtor in possession”…
2Cases cited3 opinions
- Burroughs Corp. v. Datacap, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- People v. New Woman, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Alvarado v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by1 opinion
- Dawnwood Properties/78 v. Thorson (In Re Dawnwood Properties/78)District Court, S.D. New York · 1999