Legal Opinion

37 East 50th Street Corp. v. Restaurant Group Management Services, L.L.C.

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

Decided December 28, 2017No. 4692 653067/13PublishedCited by 17 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Anil C. Singh, J.), entered May 19, 2015, which, to the extent appealed and cross-appealed from as limited by the briefs, granted defendant’s motion for summary judgment dismissing the fifth and sixth causes of action, and denied the motion as to the second through fourth causes of action and for judgment on its second counterclaim, unanimously affirmed, without costs.

The court properly denied so much of the motion as sought dismissal of the second cause of action. First, like the IAS court, we reject defendant’s argument that the sentences in the…

2Cases cited12 opinions

  1. Sutton v. East River Savings BankNew York Court of Appeals · 1982
  2. Fundamental Portfolio Advisors, Inc. v. Tocqueville Asset Management, L.P.New York Court of Appeals · 2006
  3. North Shore Bottling Co. v. C. Schmidt & Sons, Inc.New York Court of Appeals · 1968
  4. MHR Capital Partners LP v. Presstek, Inc.New York Court of Appeals · 2009
  5. Two Guys v. S.F.R. Realty AssociatesNew York Court of Appeals · 1984

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3Cited by17 opinions

  1. Ambac Assurance Corp. v. U.S. Bank Nat'l Ass'nDistrict Court, S.D. Illinois · 2018
  2. Board of Mgrs. of Brightwater Towers Condominium v. FirstService Residential N.Y., Inc.Appellate Division of the Supreme Court of the State of New York · 2021
  3. Bankers Conseco Life Ins. Co. v. Wilmington Trust, N.A.Appellate Division of the Supreme Court of the State of New York · 2021
  4. 37 E. 50th St. Corp. v. Restaurant Group Mgt. Servs., LLCAppellate Division of the Supreme Court of the State of New York · 2021
  5. Board of Mgrs. of the 443 Greenwich St. Condominium v. SGN 443 Greenwich St. Owner LLCAppellate Division of the Supreme Court of the State of New York · 2024

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