Legal Opinion
Myrtle Venture Five, LLC v. Eye Care Optical of NY, Inc.
Appellate Terms of the Supreme Court of New York
Decided May 1, 2015PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Ordered that the final judgment is reversed, without costs, the order granting landlord’s motion to strike tenant’s second amended answer and affirmative defense is vacated, landlord’s motion is denied, and the matter is remitted to the Civil Court for all further proceedings.
In this commercial nonpayment proceeding, tenant appeared and answered on October 11, 2012, and the proceeding was set down for trial on October 29, 2012. On October 29th, the parties consented to adjourn the proceeding to November 14, 2012, and, due to Superstorm Sandy, the court…
2Cases cited2 opinions
- Hallock v. StateNew York Court of Appeals · 1984
- McKenzie v. Vintage Hallmark, PLCAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by3 opinions
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- Front Street Restaurant Corp. v. CiolliAppellate Terms of the Supreme Court of New York · 2017
- Flatbush Builders, Inc. v. DubresilCivil Court of the City of New York · 2017