Legal Opinion

182 Franklin Street Holding Corp. v. Franklin Pierrepont Associates

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

Decided July 27, 1995PublishedCited by 10 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Ira Gammerman, J.), entered June 29, 1994, which, to the extent appealed from, denied plaintiff’s cross motions to dismiss defendants’ second affirmative defense of equitable recoupment and for summary judgment, unanimously reversed, on the law, and the cross motions granted, without costs.

On November 25, 1985, a predecessor in interest to defendant limited partnership Franklin Pierrepont Associates ("FPA”) executed a written contract of sale to purchase real property from a predecessor in interest to plaintiff. The contract called for the delivery of a…

2Cases cited4 opinions

  1. In re the Arbitration between SCM Corp. & Fisher Park Lane Co.New York Court of Appeals · 1976
  2. X.L.O. Concrete Corp. v. Rivergate Corp.New York Court of Appeals · 1994
  3. Levy v. KendricksAppellate Division of the Supreme Court of the State of New York · 1991
  4. X.L.O. Concrete Corp. v. Rivergate Corp.Appellate Division of the Supreme Court of the State of New York · 1993

3Cited by10 opinions

  1. ASARCO LLC v. Americas Mining Corp.District Court, S.D. Texas · 2008
  2. Enrico & Sons Contracting, Inc. v. Bridgemarket AssociatesAppellate Division of the Supreme Court of the State of New York · 1998
  3. Global Crossing Bandwidth, Inc. v. Locus Telecommunication, Inc.District Court, W.D. New York · 2009
  4. California Capital Equity, LLC v. IJKG, LLCAppellate Division of the Supreme Court of the State of New York · 2017
  5. 34-06 73, LLC v. Seneca Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2021

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