Legal Opinion
Schwartz v. New York City Housing Authority
Appellate Division of the Supreme Court of the State of New York
Decided May 1, 1996PublishedCited by 3 opinions
1Opinion of the Court
*48OPINION OF THE COURT
2Per curiam
This ease is governed by the holding of this Court in Shorten v City of White Plains (216 AD2d 344) in which the order appealed from merely denied a motion by the defendant City for summary judgment and did not contain a directive that the case proceed to trial. The trial in Shorten, although a natural consequence of the order denying summary judgment, was not directed by that order and thus was not automatically stayed pursuant to CPLR 5519 (a) (1) by the service of the City’s notice of appeal (see also, Baker v Board of Educ., 152 AD2d 1014; Walker v Delaware & Hudson R.…
3Cases cited7 opinions
- Schneider v. AulisiNew York Court of Appeals · 1954
- Pokoik v. Department of Health Services of County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1996
- Baker v. Board of Education of West Irondequoit School DistrictAppellate Division of the Supreme Court of the State of New York · 1989
- Walker v. Delaware & Hudson RailroadAppellate Division of the Supreme Court of the State of New York · 1986
- Shorten v. City of White PlainsAppellate Division of the Supreme Court of the State of New York · 1995
2 more not listed; retrieve them via the Exa API.
4Cited by3 opinions
- In re Nile W.Appellate Division of the Supreme Court of the State of New York · 2009
- DePaolo v. Town of IthacaNew York Supreme Court · 1999
- Tax Equity Now NY LLC v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2019