Legal Opinion
Wadsworth Condos, LLC v. Dollinger Gonski & Grossman
Appellate Division of the Supreme Court of the State of New York
Decided February 13, 2014PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Louis B. York, J.), entered January 25, 2013, which, insofar as appealed from, denied the Dollinger defendants’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, with costs.
Defendants preserved the defense that plaintiff lacked the capacity to sue derivatively on behalf of its cotenant-in-common by asserting the defense in their answer (see CPLR 3211 [a] [3]; [e]; see also Security Pac. Natl. Bank v Evans, 31 AD3d 278 [1st Dept 2006], appeal dismissed 8 NY3d 837 [2007]). However, plaintiff adequately alleged…
2Cases cited4 opinions
- Security Pacific National Bank v. EvansAppellate Division of the Supreme Court of the State of New York · 2006
- Valenti v. CaminsAppellate Division of the Supreme Court of the State of New York · 2012
- Cosmetics Plus Group, Ltd. v. TraubAppellate Division of the Supreme Court of the State of New York · 2013
- Nuzum v. FieldAppellate Division of the Supreme Court of the State of New York · 2013
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