Legal Opinion
Fry v. Village of Tarrytown
New York Court of Appeals
Decided March 27, 1997PublishedCited by 186 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
Petitioner failed to comply with the CPLR commencement-by-filing system when, after paying the filing fee, he filed only an unexecuted order to show cause and petition with the clerk of the court, but did not file a signed copy of the order. However, we conclude that this threshold filing defect does not authorize a sua sponte dismissal of the special proceeding because respondents appeared in the proceeding and litigated its merits without raising this objection.
Petitioner owns a parcel of real property in the Village of Tarrytown. In June 1993, petitioner…
2Cases cited11 opinions
- Baldwin County Welcome Center v. BrownSupreme Court of the United States · 1984
- Schlesinger v. CouncilmanSupreme Court of the United States · 1975
- Hunt v. . HuntNew York Court of Appeals · 1878
- Thrasher v. United States Liability InsuranceNew York Court of Appeals · 1967
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
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3Cited by186 opinions
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- Grant v. SenkowskiNew York Court of Appeals · 2001
- Burr Ex Rel. Burr v. Toyota Motor Credit Co.District Court, S.D. New York · 2006
- Perez v. Paramount Communications, Inc.New York Court of Appeals · 1999
- Ruffin v. LION CORP. & C.New York Court of Appeals · 2010
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