Legal Opinion

Butler, Fitzgerald & Potter v. Gelmin

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

Decided January 9, 1997PublishedCited by 40 opinions

1Opinion of the Court

Order of the Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered March 19, 1996, which granted defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (4) and (7), is unanimously reversed, on the law, without costs or disbursements, the motion denied and the complaint reinstated.

Defendants retained plaintiff law firm to represent them in a commercial dispute involving defendants’ interest in the residual value of certain equipment owned by Sequa Capital Corporation and leased to third parties. Plaintiff commenced a Federal action on behalf of defendants in December…

2Cases cited4 opinions

  1. Matter of TillmanNew York Court of Appeals · 1932
  2. Zimmerman v. KallimopoulouCivil Court of the City of New York · 1967
  3. Botein, Hays, Sklar & Herzberg v. Polymetrics International, Inc.Civil Court of the City of New York · 1975
  4. Citizen's Bank v. OglesbyAppellate Division of the Supreme Court of the State of New York · 1945

3Cited by40 opinions

  1. Butler, Fitzgerald & Potter v. Sequa Corp.Court of Appeals for the Second Circuit · 2001
  2. Schneider, Kleinick, Weitz, Damashek & Shoot v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2002
  3. Chadbourne & Parke, LLP v. AB Recur FinansAppellate Division of the Supreme Court of the State of New York · 2005
  4. ANTONMARCHI v. Consolidated Edison Co. of New YorkDistrict Court, S.D. New York · 2010
  5. Haser v. HaserAppellate Division of the Supreme Court of the State of New York · 2000

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