Legal Opinion

Minister, Elders & Deacons of the Reformed Protestant Dutch Church v. 198 Broadway, Inc.

New York Court of Appeals

Decided July 10, 1990PublishedCited by 91 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Having unsuccessfully prosecuted two appeals and two prior motions in this court, respondent Henry Modell and Co. (Modell) has now moved for an order "recalling and amending the remittitur” of our 1983 decision upholding petitioner’s right to possess the commercial premises that respondent formerly sublet. The motion is plainly untimely and, for that reason it should be dismissed (22 NYCRR 500.11 [g] [3]; see, e.g., Drzewinski v Atlantic Scaffold & Ladder Co., 70 NY2d 999). Further, because the motion is utterly without legal support and was evidently made for the purpose…

3Cases cited3 opinions

  1. Henry Modell & Co. v. MinisterNew York Court of Appeals · 1986
  2. Minister of the Reformed Protestant Dutch Church v. 198 Broadway, Inc.New York Court of Appeals · 1983
  3. Drzewinski v. Atlantic Scaffold & Ladder Co.New York Court of Appeals · 1988

4Cited by91 opinions

  1. Engel v. CBS, INC.New York Court of Appeals · 1999
  2. Levy v. Carol Management Corp.Appellate Division of the Supreme Court of the State of New York · 1999
  3. Gordon v. MarroneAppellate Division of the Supreme Court of the State of New York · 1994
  4. Donald S. Engel, Engel & Engel v. Cbs, Inc., Moses & Singer, and Stanley RothenbergCourt of Appeals for the Second Circuit · 1999
  5. MBF Clearing Corp. v. ShineAppellate Division of the Supreme Court of the State of New York · 1995

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