Legal Opinion

Vogel v. Tunick

New York Surrogate's Court

Decided January 15, 2009PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Anthony A. Scarping, Jr., J.

In an action for replevin pursuant to CPLR article 71 and other relief, transferred to this court by an order of the Supreme Court, Nassau County (Feinman, J), dated October 16, 2007, defendants Sotheby’s, Sotheby’s Holdings, Inc., Sotheby’s, Inc., Sotheby Parke Bernet, Inc. and Sotheby’s Art Sales Corp. move pursuant to CPLR 3211 to dismiss the complaint insofar as asserted against them.

Those branches of the motion which are to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7) are denied. That branch of the motion which is to dismiss…

2Cases cited19 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
  3. Vigilant Insurance of America v. Housing Authority of El PasoNew York Court of Appeals · 1995
  4. AG Capital Funding Partners, L.P. v. State Street Bank & Trust Co.New York Court of Appeals · 2005
  5. Sporn v. MCA Records, Inc.New York Court of Appeals · 1983

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3Cited by2 opinions

  1. Chen v. New Trend Apparel, Inc.District Court, S.D. New York · 2014
  2. Thomas v. Auctions Am. By RM, Inc. (In re Bentley)United States Bankruptcy Court, M.D. Florida · 2018

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