Legal Opinion
Maldonado v. Man-Dell Food Stores, Inc.
Civil Court of the City of New York
Decided June 19, 1998Published
1Opinion of the Court
*542OPINION OF THE COURT
Martin Shulman, J.
Can an administrative order assessing a fine be deemed an “instrument for the payment of money only” and, therefore, serve as a proper basis for a motion for summary judgment in lieu of complaint (see, CPLR 3213)? This novel issue appears to be one of first impression.
Brief Factual Background
The following undisputed facts are gleaned from plaintiffs’ supporting papers.
1. On March 3, 1997, a New York City Department of Consumer Affairs (DCA or plaintiff) inspector conducted an inspection of a food store which defendant Man-Dell Food Stores, Inc., also…
2Cases cited9 opinions
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- Interman Industrial Products, Ltd. v. R. S. M. Electron Power, Inc.New York Court of Appeals · 1975
- Seaman-Andwall Corp. v. Wright Machine Corp.Appellate Division of the Supreme Court of the State of New York · 1968
- Orenstein v. OrensteinAppellate Terms of the Supreme Court of New York · 1969
- All-O-Matic Manufacturing Corp. v. ShieldsNassau County District Court · 1969
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