Legal Opinion
Bustamante v. Green Door Realty Corp.
Appellate Division of the Supreme Court of the State of New York
Decided January 26, 2010PublishedCited by 6 opinions
1Opinion of the Court
With respect to the order of January 22, 2008, even if the branch of defendants’ motion to dismiss the complaint based on CPLR 3126 should have been denied, although unopposed, for lack of an affirmation of good faith as required by 22 NYCRR 202.7, the lack of opposition nevertheless warranted the grant*522ing of the branch of the motion based on the court-issued CPLR 3216 notice. Plaintiffs’ motion to vacate that default on the ground that, inter alia, a court clerk had extended the CPLR 3216 notice was properly denied for lack of an affidavit of merit (see Pennsylvania Bldg. Co. v Schaub, 14…
2Cases cited5 opinions
- Tishman Construction Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
- Migdol v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
- 219 East 7th Street Housing Development Fund Corp. v. 324 East 8th Street Housing Development Fund Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Pennsylvania Building Co. v. SchaubAppellate Division of the Supreme Court of the State of New York · 2005
- Stephenson v. Hotel Employees and Restaurant Employees Union Local 100 of AFL-CIOAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by6 opinions
- Siculan v. KoukosAppellate Division of the Supreme Court of the State of New York · 2010
- 490-492 Amsterdam Avenue Housing Development Fund Corp. v. O'NealAppellate Division of the Supreme Court of the State of New York · 2016
- Budget Truck Rental, LLC v. MolloAppellate Division of the Supreme Court of the State of New York · 2019
- Bustamante v. Green Door Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2018
- Griggs v. BrodskyAppellate Terms of the Supreme Court of New York · 2018
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