Legal Opinion
In Re: 310 Associates, Debtor. Gey Associates General Partnership, Creditor-Appellant v. 310 Associates, Debtor-Appellee
Court of Appeals for the Second Circuit
Decided October 2, 2003No. Docket 02-5070PublishedCited by 63 opinions
1Per curiam
This case presents the issue whether Fed.R.Civ.P. 60(b)(1) authorizes a district court to relieve a party from the effects of a judgment based on the court’s own mistake of fact. We hold that it does and affirm the court below.
Background
The relevant facts are largely undisputed.
Appellee-Debtor 310 Associates (“310”) is a limited partnership under New York law. 810’s only asset is a rental apartment building located at 310-318 West 53rd Street in New York City, and its only income comes from the rental roll of that building (“the Building”). The Building was subject to five mortgages, but the…
2Cases cited6 opinions
- International Controls Corp. v. Robert L. Vesco, and Vesco & Co., Inc.Court of Appeals for the Second Circuit · 1977
- Arnold Schildhaus v. Kenneth W. Moe, as District Director of Internal RevenueCourt of Appeals for the Second Circuit · 1964
- Beatrice Silk v. Hilary SandovalCourt of Appeals for the First Circuit · 1971
- Official Committee of Subordinated Bondholders v. Integrated Resources, Inc. (In Re Integrated Resources, Inc.)District Court, S.D. New York · 1992
- Warren W. Tarkington v. United States Lines CompanyCourt of Appeals for the Second Circuit · 1955
1 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Kemp v. United StatesSupreme Court of the United States · 2022
- United Airlines, Inc. v. BrienCourt of Appeals for the Second Circuit · 2009
- Nereida Mendez v. Republic BankCourt of Appeals for the Seventh Circuit · 2013
- ASARCO, L.L.C. v. Elliott ManagementCourt of Appeals for the Fifth Circuit · 2011
- Feldberg v. Quechee Lakes Corp.Court of Appeals for the Second Circuit · 2006
58 more not listed; retrieve them via the Exa API.