Legal Opinion
Fisch v. Aiken
Appellate Division of the Supreme Court of the State of New York
Decided July 20, 1998PublishedCited by 9 opinions
1Opinion of the Court
—In a special proceeding pursuant to CPLR 5206 (e) to direct the sale of a homestead, the appeal is from an order of the Supreme Court, Westchester County (DiBlasi, J.), entered June 23, 1997, which granted the petition:
Ordered that the order is affirmed, with costs.
It is well settled that in a special proceeding, where no triable issues of fact are raised, the court may make a summary determination on the pleadings and papers submitted as if a motion for summary judgment were before it (see, CPLR 409 [b]; Matter of Friends World Coll, v Nicklin, 249 AD2d 393; Matter of Bahar v Schwartzreich,…
2Cases cited5 opinions
- Glick & Dolleck, Inc. v. Tri-Pac Export Corp.New York Court of Appeals · 1968
- Garvin v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1994
- Capraro v. Staten Island University HospitalAppellate Division of the Supreme Court of the State of New York · 1997
- Bahar v. SchwartzreichAppellate Division of the Supreme Court of the State of New York · 1994
- Friends World College v. NicklinAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by9 opinions
- Silva v. FC Beekman Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- Palmer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- People v. Ashil Hyde Park, LLCAppellate Division of the Supreme Court of the State of New York · 2002
- Chicago Title Insurance v. PascaleAppellate Division of the Supreme Court of the State of New York · 2006
- Friedman v. Ocean DreamsAppellate Division of the Supreme Court of the State of New York · 2008
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