Legal Opinion

Heskel's West 38th Street Corp. v. Gotham Construction Co. LLC

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

Decided January 4, 2005PublishedCited by 13 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered on or about May 21, 2004, which denied defendants’ motion to vacate a default liability judgment against them, reversed, on the law, the facts and in the exercise of discretion, without costs, the motion granted and judgment vacated.

This negligence action claims that plaintiffs’ building was damaged by construction, demolition, excavation and development work performed on defendants’ adjacent property at 66-70 West 38th Street between December 2000 and July 2002; the complaint names as defendants the general…

2Cases cited3 opinions

  1. Mayers v. Cadman Towers, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
  2. Damselle, Ltd. v. 500-512 Seventh Avenue AssociatesAppellate Division of the Supreme Court of the State of New York · 1992
  3. Parker v. I.E.S.I. N. Y. Corp.Appellate Division of the Supreme Court of the State of New York · 2001

3Cited by13 opinions

  1. Jones v. 414 Equities LLCAppellate Division of the Supreme Court of the State of New York · 2008
  2. Rodgers v. 66 East Tremont Heights Housing Development Fund Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  3. Gecaj v. Gjonaj Realty & Management Corp.Appellate Division of the Supreme Court of the State of New York · 2017
  4. Rodriguez v. Dixie N.Y.C., Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  5. Rector v. BDG Gotham Residential, LLCAppellate Division of the Supreme Court of the State of New York · 2022

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