Legal Opinion

W.I.L.D. W.A.T.E.R.S., Ltd. v. Martinez

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

Decided July 6, 1989PublishedCited by 4 opinions

1Opinion of the CourtMikoll, J.

Appeal from an order of the Supreme Court (Dier, J.), entered September 1, 1988 in Warren County, which, inter alia, denied defendant Mary V. Nelson’s cross motion for summary judgment dismissing the complaint against her.

This matter was previously before us (148 AD2d 847), wherein we reversed the grant of a preliminary injunction to plaintiff. Now there are two discrete issues to be resolved in this appeal: (1) did Supreme Court properly dismiss defendant Mary V. Nelson’s counterclaim for abuse of legal process, and (2) did Supreme Court err in refusing to grant Nelson’s motion for summary…

2Cases cited5 opinions

  1. Curiano v. SuozziNew York Court of Appeals · 1984
  2. Brown v. . VolkeningNew York Court of Appeals · 1876
  3. Hornstein v. WolfAppellate Division of the Supreme Court of the State of New York · 1985
  4. Schenectady Savings Bank v. WertheimAppellate Division of the Supreme Court of the State of New York · 1932
  5. W.I.L.D. W.A.T.E.R.S., Ltd. v. MartinezAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by4 opinions

  1. Philippine American Lace Corp. v. 236 West 40th Street Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  2. 10 Cardinal Lane, LLC v. N.K.T. Land Acquisitions, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
  3. 10 Cardinal Lane, LLC v. N.K.T. Land Acquisitions, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
  4. U.S. Bank N.A. v. JordanAppellate Division of the Supreme Court of the State of New York · 2019

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