Legal Opinion
Peters v. Smolian
New York Supreme Court
Decided June 25, 2015PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Thomas F. Whelan, J.
It is ordered that those portions of this motion (No. 001) by plaintiffs for summary judgment on their first cause of action for declaratory relief is denied with respect to defendant Richard J. Smolian, as he defaulted in answering which precludes an award of summary judgment due to the failure to join issue and it is denied with respect to the other defendants, to whom the court awards reverse summary judgment and hereby declares that the “stranger to the deed” rule is not applicable and thus does not invalidate nor render unenforceable the preemptive…
2Cases cited54 opinions
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Lanza v. WagnerNew York Court of Appeals · 1962
- 511 West 232nd Owners Corp. v. Jennifer Realty Co.New York Court of Appeals · 2002
- United States v. CraftSupreme Court of the United States · 2002
- Neponsit Property Owners' Ass'n v. Emigrant Industrial Savings BankNew York Court of Appeals · 1938
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3Cited by2 opinions
- Walters v. SporerNebraska Supreme Court · 2017
- Kathy L. AustinUnited States Bankruptcy Court, N.D. New York · 2021