Legal Opinion
MW Zack Metal Co. v. INT'L NAVIGATION CORP. OF MONROVIA
New York Court of Appeals
Decided April 1, 1986PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (112 AD2d 865). We add that there was no prejudice to plaintiff in the Appellate Division’s having dealt with the motions as ones for summary judgment even though Special Term’s consideration of them was only as motions to dismiss for failure to state a cause of action. Defendants’ motion and cross motion were stated to have been made pursuant to CPLR 3212. Moreover, plaintiff’s…
2Cases cited4 opinions
- Nassau Boces Central Council of Teachers v. Board of Cooperative Educational ServicesNew York Court of Appeals · 1984
- Rich v. LefkovitsNew York Court of Appeals · 1982
- O'HARA v. Del BelloNew York Court of Appeals · 1979
- M. W. Zack Metal Co. v. International Navigation Corp. of MonroviaAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by10 opinions
- Rosenthal v. Village of QuogueAppellate Division of the Supreme Court of the State of New York · 1994
- Michaelides v. MartoneAppellate Division of the Supreme Court of the State of New York · 1992
- Royal Mortgage Corp. v. Federal Deposit InsuranceDistrict Court, S.D. New York · 1998
- Coppa v. LaSpinaAppellate Division of the Supreme Court of the State of New York · 2007
- Kilfoil v. Town of SoutholdAppellate Division of the Supreme Court of the State of New York · 1995
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