Legal Opinion
Yuen v. Kwan Kam Cheng
Appellate Division of the Supreme Court of the State of New York
Decided January 28, 2010PublishedCited by 8 opinions
1Opinion of the Court
*537Defendants’ argument on appeal that the judicial hearing officer lacked jurisdiction to hear the motion for summary judgment has been waived by their complete and active participation in the hearing and resolution of the motion without objection (see e.g. Morton v Brookhaven Mem. Hosp., 308 AD2d 566 [2003]).
On the merits, the motion court correctly determined that plaintiff was entitled to the refund of her down payment. The contract contained no time limit within which plaintiff had to cancel the purchase agreement, and therefore a reasonable time for cancellation thereunder is implied (see…
2Cases cited3 opinions
- Gorgoglione v. GillensonAppellate Division of the Supreme Court of the State of New York · 2008
- Morton v. Brookhaven Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 2003
- Combs v. LewisAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by8 opinions
- LaRussa v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2014
- Gamman v. SilvermanAppellate Division of the Supreme Court of the State of New York · 2012
- Calcagno v. RobertsAppellate Division of the Supreme Court of the State of New York · 2015
- Gamman v. SilvermanAppellate Division of the Supreme Court of the State of New York · 2012
- HSBC Bank USA, National Ass'n v. CorazziniAppellate Division of the Supreme Court of the State of New York · 2017
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