Legal Opinion
Hopper v. McCollum
Appellate Division of the Supreme Court of the State of New York
Decided August 25, 2009PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for injury to property, the plaintiffs appeal from an order of the Supreme Court, Putnam County (O’Rourke, J.), dated July 14, 2008, which, in effect, converted the defendant’s motion pursuant to CPLR 3211 (a) (5) to dismiss the complaint into one for summary judgment dismissing the complaint, and granted the motion.
Ordered that the order is modified, on the law, by deleting the provision thereof granting the converted motion for summary judgment dismissing the complaint and substituting therefor a provision denying the converted motion; as so modified, the…
2Cases cited9 opinions
- Fisher v. Qualico Contracting Corp.New York Court of Appeals · 2002
- Fischer v. RWSP Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2008
- Tufail v. HionasAppellate Division of the Supreme Court of the State of New York · 1989
- Jamison v. JamisonAppellate Division of the Supreme Court of the State of New York · 2005
- Winkelmann v. HockinsAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by5 opinions
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- One Monroe, LLC v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- Hendrickson v. Philbor Motors, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Yatauro v. ManganoNew York Supreme Court · 2011