Legal Opinion
Mindel v. Phoenix Owners Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 21, 2005PublishedCited by 5 opinions
1Opinion of the Court
*228Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered January 20, 2004, which granted defendant’s motion to dismiss the complaint as time barred, as amended by order, same court and Justice, entered December 24, 2003, unanimously affirmed, without costs.
The causes of action for declaratory judgment and reimbursement of moneys, based on requirements set forth in both Administrative Code of the City of New York § 27-860 (adjoining chimneys) and a 1988 stipulation of settlement between the parties in a related action, were subject to the three-year statute of limitations…
2Cases cited2 opinions
- Gaidon v. Guardian Life Insurance of AmericaNew York Court of Appeals · 2001
- European American Bank v. CainAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by5 opinions
- Barklee 94 LLC v. OliverAppellate Division of the Supreme Court of the State of New York · 2015
- West Chelsea Building LLC v. GuttmanAppellate Division of the Supreme Court of the State of New York · 2016
- 30 E. 33rd St. Realty LLC v. PPF Off Two Park Avenue Owner, LLCAppellate Division of the Supreme Court of the State of New York · 2013
- 30 E. 33rd St. Realty LLC v. PPF Off Two Park Avenue Owner, LLCAppellate Division of the Supreme Court of the State of New York · 2013
- Rubino v. HSBC Bank USA, N.A.Appellate Division of the Supreme Court of the State of New York · 2026