Legal Opinion

Stephan B. Gleich & Associates v. Gritsipis

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

Decided June 21, 2011PublishedCited by 58 opinions

1Opinion of the Court

OPINION OF THE COURT

Dillon, J.P

CPLR 3215 (a) permits the clerk of the court to enter judgment in favor of a plaintiff upon the submission of the requisite proof, when “the plaintiffs claim is for a sum certain or for a sum which can by computation be made certain.” As the clear language of the statute indicates, the circumstances under which the clerk is authorized to act are quite narrow, as they are limited to claims seeking money alone where the claims consist of either precise monetary amounts or monetary amounts which can be arrived at by mere arithmetical computation. Moreover,…

2Cases cited50 opinions

  1. Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
  2. McClelland v. Climax Hosiery MillsNew York Court of Appeals · 1930
  3. Reynolds Securities, Inc. v. Underwriters Bank & Trust Co.New York Court of Appeals · 1978
  4. AHA Sales, Inc. v. Creative Bath Products, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  5. Rodkinson v. HaeckerNew York Court of Appeals · 1928

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3Cited by58 opinions

  1. BRK Properties, Inc. v. Wagner Ziv Plumbing & Heating Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Machovec v. SvobodaAppellate Division of the Supreme Court of the State of New York · 2014
  3. Paulus v. Christopher Vacirca, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  4. Reich v. RedleyAppellate Division of the Supreme Court of the State of New York · 2012
  5. Interboro Insurance v. FatmirAppellate Division of the Supreme Court of the State of New York · 2011

53 more not listed; retrieve them via the Exa API.

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