Legal Opinion

Hudson View II Associates v. Gooden

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

Decided June 25, 1996PublishedCited by 29 opinions

1Opinion of the Court

OPINION OF THE COURT

Ellerin, J.

The issue before us is the import of equitable defenses and/or counterclaims on defendants’ right to a jury trial on plaintiffs’ legal claims.

Plaintiffs are limited partnerships that own two Section 8 housing projects. They commenced this action to recover damages arising out of the alleged mismanagement of those buildings by defendants based on claims, inter alia, of breach of contract and conversion and seek to have the defendants-respondents removed as general partners and managing agents of the projects. In addition to raising both legal and equitable…

2Cases cited21 opinions

  1. Miller v. . SchlossNew York Court of Appeals · 1916
  2. McDermott v. City of New YorkNew York Court of Appeals · 1980
  3. Bradkin v. LevertonNew York Court of Appeals · 1970
  4. Roberts v. . ElyNew York Court of Appeals · 1889
  5. Farash v. Sykes Datatronics, Inc.New York Court of Appeals · 1983

16 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Wal-Mart Stores, Incorporated Associates' Health and Welfare Plan and Administrative Committee, Administrator of the Plan v. Denise WellsCourt of Appeals for the Seventh Circuit · 2000
  2. Ogletree, Deakins, Nash, Smoak & Stewart v. Albany Steel, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  3. Anesthesia Associates v. Northern Westchester Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2009
  4. Friedman v. WahrsagerDistrict Court, E.D. New York · 2012
  5. Greenfield v. HeckenbachCourt of Special Appeals of Maryland · 2002

24 more not listed; retrieve them via the Exa API.

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