Legal Opinion

DSM, Inc. v. Paul Reiser Excavating, Inc.

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

Decided December 4, 2013PublishedCited by 4 opinions

1Opinion of the Court

In an action to recover unpaid rent, the plaintiff appeals from a judgment of the Supreme Court, Orange County (Onofry, J.), entered March 20, 2012, which, upon a decision of the same court, made after a nonjury trial, is in favor of it and against the defendant in the principal sum of only $2,750.

Ordered that the judgment is affirmed, with costs.

To the extent that the plaintiff challenges the legal sufficiency of the evidence to support the Supreme Court’s determination as to the defendant’s counterclaim, the issue is unpreserved for appellate review, since it failed to move pursuant to CPLR…

2Cases cited5 opinions

  1. Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
  2. Miller v. MillerNew York Court of Appeals · 1986
  3. Lelekakis v. KamamisAppellate Division of the Supreme Court of the State of New York · 2007
  4. Marinoff v. Natty Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  5. Ng v. NengAppellate Division of the Supreme Court of the State of New York · 2012

3Cited by4 opinions

  1. Gomez v. Eleni, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  2. Park Side Construction Contractors, Inc. v. Bryan's Quality Plus, LLCAppellate Division of the Supreme Court of the State of New York · 2017
  3. BNG Properties, LLC v. SanbornAppellate Division of the Supreme Court of the State of New York · 2017
  4. Mad Den, Inc. v. VaccarinoAppellate Division of the Supreme Court of the State of New York · 2017

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