Legal Opinion
Matter of Etna Prestige Tech., Inc. v. Long Is. R.R. Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 15, 2017No. 2015-02177PublishedCited by 2 opinions
1Opinion of the Court
Appeal from an order and judgment (one paper) of the Supreme Court, Queens County (Diccia T. Pineda-Kirwan, J.), dated October 20, 2014. The order and judgment, insofar as appealed from, in effect, denied the petition filed pursuant to CPLR article 78 and dismissed the proceeding.
Ordered that the order and judgment is reversed insofar as appealed from, on the law, the proceeding is converted into an action to recover damages for breach of contract, the notice of petition is deemed to be the summons and the petition is deemed to be the complaint (see CPLR 103 [c]), and the matter is remitted…
2Cases cited10 opinions
- Abiele Contracting, Inc. v. New York City School Construction AuthorityNew York Court of Appeals · 1997
- Consolidated Edison Co. v. Public Service CommissionNew York Court of Appeals · 1984
- Agoglia v. BenepeAppellate Division of the Supreme Court of the State of New York · 2011
- Hilton v. DalsheimAppellate Division of the Supreme Court of the State of New York · 1981
- Matter of Greenberg v. Assessor of Town of ScarsdaleAppellate Division of the Supreme Court of the State of New York · 2014
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- CGI Tech. & Solutions, Inc. v. New York State Off. of Mental HealthNew York Supreme Court · 2019
- Khass v. New York Presbyt. Brooklyn Methodist Hosp.Appellate Division of the Supreme Court of the State of New York · 2023