Legal Opinion
Frank L. Ciminelli Construction Co. v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Decided April 5, 1985No. Appeal No. 1PublishedCited by 17 opinions
1Opinion of the Court
*1076Defendant and third-party plaintiff Clarence has not appealed from the dismissal of its third-party complaint and, because a reversal of this dismissal is not necessary in order to give full relief to appellants here, we cannot as an appellate court reinstate the third-party complaint (see, Hecht v City of New York, 60 NY2d 57, 61-63). Clarence may, however, move at Special Term to vacate the dismissal pursuant to CPLR 5015 (a) (5); because the foundation for dismissal of the third-party complaint has been destroyed by our reinstatement of the complaint herein, such motion should be granted…
2Cases cited3 opinions
- Hecht v. City of New YorkNew York Court of Appeals · 1983
- McMahon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
- Feldberg v. Howard Fulton St., Inc.New York Supreme Court · 1964
3Cited by17 opinions
- Lyons v. ButlerAppellate Division of the Supreme Court of the State of New York · 1987
- Hillegass v. DuffyAppellate Division of the Supreme Court of the State of New York · 1989
- Allone v. University Hospital of New York University Medical CenterAppellate Division of the Supreme Court of the State of New York · 1998
- HILLIARD, TERRY D. v. HIGHLAND HOSPITALAppellate Division of the Supreme Court of the State of New York · 2011
- Bauernfeind v. Albany Medical Center HospitalAppellate Division of the Supreme Court of the State of New York · 1989
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