Legal Opinion

Gage v. Monescalchi

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

Decided April 7, 2005PublishedCited by 5 opinions

1Opinion of the CourtRose, J.

Appeal from a judgment of the Supreme Court (Benza, J.), entered August 5, 2004 in Albany County, which, inter alia, granted defendant’s motion to dismiss the complaint.

In two separate earlier proceedings pursuant to Election Law §§ 16-102, 16-106 and 16-112, plaintiffs were ultimately successful on appeal in challenging certain determinations made by defendant as the Democratic Commissioner of the Albany County Board of Elections (see Matter of Francis v Palombo, 2 AD3d 1148, 1149 [2003]; Matter of Gage v Hammond, 309 AD2d 1061, 1062 [2003]). Plaintiffs then commenced this action seeking…

2Cases cited9 opinions

  1. Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989
  2. Schwartz v. HeffernanNew York Court of Appeals · 1952
  3. Baker v. Health Management Systems, Inc.New York Court of Appeals · 2002
  4. Green Harbour Homeowners' Ass'n v. G.H. Development & Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  5. Frank v. EatonAppellate Division of the Supreme Court of the State of New York · 1928

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3Cited by5 opinions

  1. Burkwit v. OlsonAppellate Division of the Supreme Court of the State of New York · 2012
  2. Matter of Mills v. New York State Bd. of ElectionsAppellate Division of the Supreme Court of the State of New York · 2022
  3. BURKWIT, CHARLES v. OLSON, DANIEL A.Appellate Division of the Supreme Court of the State of New York · 2012
  4. Burkwit v. OlsonAppellate Division of the Supreme Court of the State of New York · 2012
  5. Capital One Bank (USA), N.A. v. IqbalAppellate Terms of the Supreme Court of New York · 2017

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