Mona & Jack's Clothing, Inc. v. Ola, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for negligence and breach of contract, the defendants appeal from an order of the Supreme Court, Queens County (Kitzes, J.), entered January 16, 2014, which denied their motion to dismiss the complaint based on the plaintiff’s failure to comply with a conditional order of preclusion or for summary judgment dismissing the complaint, and for an award of costs, including reasonable attorneys’ fees.
Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the defendants’ motion is granted, and the matter is remitted to the…
2Cases cited8 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Gibbs v. St. Barnabas HospitalNew York Court of Appeals · 2010
- Wilson v. Galicia Contr. & Restoration Corp.New York Court of Appeals · 2008
- City of New York v. Pennsylvania RailroadNew York Court of Appeals · 1975
- Lynch v. SavareseAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by4 opinions
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- Khan v. Old NavyAppellate Division of the Supreme Court of the State of New York · 2018
- Williams v. Davita Healthcare Partners, Inc.Appellate Division of the Supreme Court of the State of New York · 2019