Legal Opinion

Kelly v. Schwend

Appellate Division of the Supreme Court of the State of New York

Decided February 14, 2005PublishedCited by 4 opinions

1Opinion of the Court

In an action pursuant to RPAPL article 15 to compel the determination of claims to real property, the plaintiff appeals (1), as limited by his brief, from so much of an order of the Supreme Court, Rocldand County (Weiner, J.), dated January 29, 2004, as granted that branch of the defendants’ cross motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (1), and (2) from an order of the same court dated April 28, 2004, which denied his motion, inter alia, for a stay of enforcement of the order dated January 29, 2004, pending determination of this appeal.

Ordered that the order dated…

2Cases cited13 opinions

  1. Guggenheimer v. GinzburgNew York Court of Appeals · 1977
  2. Di Leo v. Pecksto Holding Corp.New York Court of Appeals · 1952
  3. Ray v. Beacon Hudson Mountain Corp.New York Court of Appeals · 1996
  4. Katona v. LowAppellate Division of the Supreme Court of the State of New York · 1996
  5. Casini v. Sea Gate Ass'nAppellate Division of the Supreme Court of the State of New York · 1999

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3Cited by4 opinions

  1. Hall v. SinclaireAppellate Division of the Supreme Court of the State of New York · 2006
  2. MJK Bldg. Corp. v. Fayland Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2020
  3. Datena v. JP Morgan Chase BankAppellate Division of the Supreme Court of the State of New York · 2010
  4. Zhang v. George N. CoritsidisAppellate Division of the Supreme Court of the State of New York · 2011

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