Legal Opinion

Engelhardt v. McGinnis

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

Decided December 15, 2003PublishedCited by 8 opinions

1Opinion of the Court

In an action for the return of a down payment given pursuant to a contract for the sale of real property, the plaintiff appeals from a judgment of the Supreme Court, Dutchess County (Sweeny, J.), entered November 25, 2002, which, upon an order of the same court dated September 9, 2002, granting the defendants’ motion for summary judgment dismissing the complaint and denying his cross motion for summary judgment, dismissed the complaint. The plaintiffs notice of appeal from the order dated September 9, 2002, is deemed to also be a notice of appeal from the judgment (see CPLR 5501 [c]).

Ordered…

2Cases cited5 opinions

  1. In re AhoNew York Court of Appeals · 1976
  2. Express Industries & Terminal Corp. v. New York State Department of TransportationNew York Court of Appeals · 1999
  3. Goller Place Corp. v. CacaseAppellate Division of the Supreme Court of the State of New York · 1998
  4. Cohen v. CerierAppellate Division of the Supreme Court of the State of New York · 1997
  5. Express Industries & Terminal Corp. v. New York State Department of TransportationAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by8 opinions

  1. Palmetto Partners, L.P. v. AJW Qualified Partners, LLCAppellate Division of the Supreme Court of the State of New York · 2011
  2. R.I. Island House, LLC v. North Town Phase II Houses, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  3. Vision Enterprises, LLC v. 111 East Shore, LLCAppellate Division of the Supreme Court of the State of New York · 2012
  4. Pinhas v. ComperchioAppellate Division of the Supreme Court of the State of New York · 2008
  5. In re the Estate of HicksAppellate Division of the Supreme Court of the State of New York · 2010

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