Legal Opinion
Rose v. Frankel
Appellate Division of the Supreme Court of the State of New York
Decided April 28, 2011PublishedCited by 8 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Joan B. Lobis, J.), entered October 19, 2009, which, pursuant to an order, same court and Justice, entered on or about July 31, 2009, denied plaintiffs’ motion to, among other things, substitute estate administratrix Georgia Rose for decedent William A. Hamilton and granted defendants’ cross motions to dismiss the complaint, unanimously affirmed, without costs.
Plaintiffs may not argue for the first time on appeal that there was defective notice of the cross motions to dismiss for *608failure to timely substitute pursuant to CPLR 1021 (cf. Chateau D’ If…
2Cases cited4 opinions
- Chateau D' If Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Giroux v. Dunlop Tire Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Wynter v. Our Lady of Mercy Medical CenterAppellate Division of the Supreme Court of the State of New York · 2004
- Schwartz v. Montefiore Hospital & Medical CenterAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by8 opinions
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- Mesniankina v. 302 BBA, LLCAppellate Division of the Supreme Court of the State of New York · 2023
- Linyard v. Long Is. Coll. Hosp.Appellate Division of the Supreme Court of the State of New York · 2025
- Marsh v. Mandalay Leasing Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2026
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