Legal Opinion
Fratto v. Western Regional Off-Track Betting Corp.
New York Supreme Court
Decided June 22, 1990PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
W. Patrick Falvey, J.
The court notes that the matter at bar concerns a unique question within the framework of the facts presented. The *578plaintiff, through his attorney, moved this court for an order striking the defendant’s first affirmative defense of improper service on the defendant and the defendant cross-moved for summary judgment dismissing the plaintiff’s complaint, pursuant to CPLR 3211 and 3212.
The motions were argued by counsel on May 21, 1990. At that time the defendant first asserted in its affidavit in support of the cross motion, that the plaintiff’s…
2Cases cited6 opinions
- State v. WolowitzAppellate Division of the Supreme Court of the State of New York · 1983
- Riland v. Frederick S. Todman & Co.Appellate Division of the Supreme Court of the State of New York · 1977
- Franza's Universal Scrap Metal, Inc. v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 1982
- Gregorius v. City of CorningAppellate Division of the Supreme Court of the State of New York · 1910
- Cirigliano v. BrownCity of New York Municipal Court · 1945
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Lauro v. City of New YorkDistrict Court, S.D. New York · 1999