Legal Opinion

Tuminno v. Waite

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

Decided October 4, 2013PublishedCited by 3 opinions

1Opinion of the Court

Appeal and cross appeal from an order of the Supreme Court, Chautauqua County (James H. Dillon, J.), entered April 25, 2012. The order directed a sale of real property under certain circumstances.

It is hereby ordered that the order so appealed from is unanimously vacated on the law without costs and the matter is remitted to Supreme Court, Chautauqua County, for further proceedings in accordance with the following memorandum: In this action seeking, inter alia, the partition and sale of real property and a determination that the sale of the property extinguishes a certain “option to…

2Cases cited12 opinions

  1. Metropolitan Transportation Authority v. Bruken Realty Corp.New York Court of Appeals · 1986
  2. LIN Broadcasting Corp. v. Metromedia, Inc.New York Court of Appeals · 1989
  3. Chew v. . SheldonNew York Court of Appeals · 1915
  4. McNally v. McNallyAppellate Division of the Supreme Court of the State of New York · 1987
  5. Grossman v. BakerAppellate Division of the Supreme Court of the State of New York · 1992

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3Cited by3 opinions

  1. Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 2024
  2. Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 2023
  3. Tuminno v. WaiteAppellate Division of the Supreme Court of the State of New York · 2019

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