Legal Opinion
Sang Moo Cho v. North Shore Flushing, Inc.
Civil Court of the City of New York
Decided March 4, 1981PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
William D. Friedmann, J.
Plaintiff seeks partial summary judgment pursuant to CPLR 3212 (subd [e]) praying for return of his deposit of $2,000, on the purchase of a new automobile and for severance of that part of his single cause of action, calling for punitive damages.
Plaintiff further seeks that defendant’s answer and counterclaim of $700 be stricken.
CPLR 3212 (subd [e]) authorizes partial summary judgment, and it expressly applies to part of a single cause of action as well as to separate causes of action. The provision of CPLR 3212 (subd [e]) permitting partial summary…
2Cases cited14 opinions
- Barrett v. JacobsNew York Court of Appeals · 1931
- Moskowitz v. GarlockAppellate Division of the Supreme Court of the State of New York · 1965
- Sternaman v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1902
- Sturm v. TrubyAppellate Division of the Supreme Court of the State of New York · 1935
- McCall v. FramptonNew York Supreme Court · 1979
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