Legal Opinion
Washington Apts., L.P. v. Oetiker, Inc.
New York Supreme Court
Decided November 18, 2013PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Timothy J. Walker, J.
Defendant Oetiker, Inc. moves, pursuant to CPLR 2221, for leave to renew the court’s denial of Oetiker’s previous motion to dismiss (the prior motion). Upon the granting of such leave, Oetiker seeks an order dismissing plaintiffs claims against it as a matter of law on the grounds that the first amended complaint fails to state a cause of action against it. In support of its motion for leave to renew, Oetiker alleges that there has been a change in the law that would change the court’s prior determination (the prior determination). This matter is…
2Cases cited15 opinions
- Saratoga Fishing Co. v. J. M. Martinac & Co.Supreme Court of the United States · 1997
- Schiavone Construction Co. v. Elgood Mayo Corp.New York Court of Appeals · 1982
- Schiavone Construction Co. v. Elgood Mayo Corp.Appellate Division of the Supreme Court of the State of New York · 1981
- Bocre Leasing Corp. v. General Motors Corp.New York Court of Appeals · 1995
- Miglino v. Bally Total Fitness of Greater New York, Inc.New York Court of Appeals · 2013
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3Cited by1 opinion
- Asinga v. Gatorade Co.Court of Appeals for the Second Circuit · 2026