Procco v. Kennedy
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order unanimously reversed, on the law, with costs, and motion denied. Memorandum: On plaintiffs’ motion for a deficiency judgment pursuant to RPAPL 1371 (subd 2), defendants opposed on the grounds that plaintiffs had not brought the motion within the 90-day period prescribed by the statute. Plaintiffs contended that defendants were estopped from asserting the statute as a bar because they had engaged plaintiffs in settlement negotiations long past the statutory period. The court ordered a hearing to determine, inter alia, whether defendants should be estopped from asserting the Statute of…
2Cases cited11 opinions
- Proc v. Home InsuranceNew York Court of Appeals · 1966
- Dupuis v. Van NattenAppellate Division of the Supreme Court of the State of New York · 1978
- Mortgagee Affiliates Corp. v. Jerder Realty Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- Arbutina v. BahuleyanAppellate Division of the Supreme Court of the State of New York · 1980
- Mortgagee Affiliates Corp. v. Jerder Realty Services, Inc.New York Court of Appeals · 1979
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Anisfeld v. Cantor Fitzgerald & Co., Inc.District Court, S.D. New York · 1986
- Cranesville Block Co. v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Black v. Lexington School District No. 2Supreme Court of South Carolina · 1997
- Murphy v. Wegman's Food Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- Procco v. KennedyNew York Court of Appeals · 1983
23 more not listed; retrieve them via the Exa API.