Legal Opinion

Matter of Spiegel v. Kempner

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

Decided December 8, 2016No. 2440N 114420/11PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered June 10, 2015, which denied plaintiff’s motion to remove the case from Civil Court to Supreme Court and, upon removal, to amend the complaint, unanimously affirmed, without costs.

This is plaintiff’s second motion to remove the action from Civil Court to Supreme Court. Her first was denied in January 2012, on the ground that she had not made a sufficient showing on the merits of her case to warrant the relief requested. On this second motion, plaintiff again failed to show that there was “some reasonable basis” for her claim…

2Cases cited4 opinions

  1. Loomis v. Civetta Corinno Construction Corp.New York Court of Appeals · 1981
  2. Oil Heat Institute of Long Island Insurance Trust v. RMTS AssociatesAppellate Division of the Supreme Court of the State of New York · 2004
  3. Victor v. De MaziroffNew York Court of Appeals · 1950
  4. Platt v. FlesherAppellate Division of the Supreme Court of the State of New York · 2014

3Cited by1 opinion

  1. Pecora v. PecoraAppellate Division of the Supreme Court of the State of New York · 2022

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