Legal Opinion
Henry Modell & Co. v. Minister
New York Court of Appeals
Decided November 25, 1986PublishedCited by 70 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
This appeal concerns the application of RPAPL 747 (2), which modifies the common-law principles governing the preclusive effects of judgments, to a case in which the losing defendant in a summary holdover proceeding has commenced a new action to recover possession on the basis of a theory not asserted in the first proceeding. Because plaintiff did not commence its second action within 60 days after entry of the Civil Court judgment, as RPAPL 747 (2) requires, it cannot now invoke the remedial provisions of the statute. Accordingly, plaintiff is foreclosed from…
2Cases cited14 opinions
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Smith v. Russell Sage CollegeNew York Court of Appeals · 1981
- Israel v. Wood Dolson Co.New York Court of Appeals · 1956
- People v. MorseNew York Court of Appeals · 1984
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3Cited by70 opinions
- Pike v. FreemanCourt of Appeals for the Second Circuit · 2001
- Minister, Elders & Deacons of the Reformed Protestant Dutch Church v. 198 Broadway, Inc.New York Court of Appeals · 1990
- Leon v. ShmuklerDistrict Court, E.D. New York · 2014
- Safeguard Scientifics, Inc. v. Liberty Mutual InsuranceDistrict Court, E.D. Pennsylvania · 1991
- Young v. Suffolk CountyDistrict Court, E.D. New York · 2010
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