Legal Opinion

Breakers Motel, Inc. v. Sunbeach Montauk Two, Inc.

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

Decided April 4, 1994Published

1Opinion of the Court

—In an action pursuant to RPAPL article 15, the defendants appeal from an order of the Supreme Court, Suffolk County (Underwood, J.), dated March 11, 1992, which denied their motion to strike the note of issue and vacate a prior order of the same court, dated November 1, 1991, which (a) certified the action ready for trial and (b) ordered that no action commenced by a defendant pursuant to RPAPL article 15 be joined or consolidated for trial unless commenced no later than January 24, 1992.

Ordered that the order is affirmed, with costs.

The appellants, having long failed to seek enforcement of…

2Cases cited3 opinions

  1. Di Maria v. Coordinated Ranches, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
  2. Richardson v. Bloomingdale'sAppellate Division of the Supreme Court of the State of New York · 1990
  3. White v. SmithAppellate Division of the Supreme Court of the State of New York · 1986

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