Legal Opinion

Addesso v. Shemtob

New York Court of Appeals

Decided July 9, 1987PublishedCited by 37 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff commenced this action for specific performance of a contract for sale of certain real estate by service of summons and complaint. Before answering, defendants moved pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action. Within 20 days of service of his original complaint, plaintiff served defendants with an amended complaint (CPLR 3025 [a]). In their answer to the amended complaint, defendants asserted as an affirmative defense that the court…

2Cited by37 opinions

  1. GMAC Mtge., LLC v. CoombsAppellate Division of the Supreme Court of the State of New York · 2020
  2. Hickey v. HuttonAppellate Division of the Supreme Court of the State of New York · 1992
  3. Seda v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1992
  4. Urena v. NYNEX, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  5. Lauro v. CroninAppellate Division of the Supreme Court of the State of New York · 1992

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