Legal Opinion
Malay v. City of Syracuse
New York Court of Appeals
Decided May 14, 2015PublishedCited by 42 opinions
1Opinion of the Court
OPINION OF THE COURT
Fahey, J.
In Lehman Bros. v Hughes Hubbard & Reed (92 NY2d 1014, 1016-1017 [1998]), this Court held that a prior action terminates for purposes of CPLR 205 (a) when an appeal taken as of right is exhausted. We are now asked to decide when a prior action terminates where an appeal is taken as of right but is dismissed by the intermediate appellate court due to the plaintiff’s failure to perfect the appeal. We hold that in such a situation, the prior action terminates for the purposes of CPLR 205 (a) when the intermediate appellate court dismisses the appeal, not when the…
2Cases cited12 opinions
- Rubeo v. National Grange Mutual InsuranceNew York Court of Appeals · 1999
- Gaines v. . City of New YorkNew York Court of Appeals · 1915
- 423 South Salina Street, Inc. v. City of SyracuseNew York Court of Appeals · 1986
- Andrea v. Arnone, Hedin, Casker, Kennedy & Drake, Architects & Landscape Architects, P.C.New York Court of Appeals · 2005
- Goldstein v. New York State Urban Development Corp.New York Court of Appeals · 2009
7 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Wells Fargo Bank, N.A. v. EitaniAppellate Division of the Supreme Court of the State of New York · 2017
- Vassenelli v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 2016
- Robles v. Brooklyn-Queens Nursing Home, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- HSBC Bank USA, N.A. v. HillaireAppellate Division of the Supreme Court of the State of New York · 2026
- Deutsche Bank Natl. Trust Co. v. GouinAppellate Division of the Supreme Court of the State of New York · 2021
37 more not listed; retrieve them via the Exa API.