Legal Opinion
Imbriano v. Seaman
Nassau County District Court
Decided September 28, 2001PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Kenneth L. Gartner, J.
The plaintiffs motion for summary judgment in lieu of complaint pursuant to CPLR 3213, as made applicable to the District Court by Uniform District Court Act § 1004, requires this court to part company with the only prior authority on a point raised.
Plaintiffs motion is not opposed by the defendant, who has defaulted. Nevertheless, the sua sponte review which this court is required to perform reveals two issues which must be addressed concerning (1) the plaintiffs substantive entitlement to the relief sought, and (2) the ability of this court to…
2Cases cited6 opinions
- Seaman-Andwall Corp. v. Wright Machine Corp.Appellate Division of the Supreme Court of the State of New York · 1968
- Channel Excavators, Inc. v. Amato Trucking Corp.New York Supreme Court · 1965
- Kemp v. HinksonSuffolk County District Court · 1973
- Farca v. FarcaAppellate Division of the Supreme Court of the State of New York · 1995
- Flushing National Bank v. Brightside ManufacturiIng Inc.New York Supreme Court · 1969
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3Cited by2 opinions
- Goldstein v. SaltzmanNew York Supreme Court · 2006
- Tokyo Leasing (U.S.A.) Inc. v. G-IV Wash, Clean & Dry, Inc.Nassau County District Court · 2004