Legal Opinion

Burke v. Aspland

Appellate Division of the Supreme Court of the State of New York

Decided November 20, 2008Published

1Opinion of the CourtKane, J.

Appeal from an order of the Supreme Court (Hall, Jr., J.), entered February 15, 2008 in Washington County, which, among other things, granted defendant’s cross motion to dismiss the complaint.

In September 1994, defendant commenced a summary proceeding against plaintiffs in the Justice Court of the Town of Fort Ann seeking to evict them and collect back rent, taxes and liquidated damages under the parties’ commercial lease. The Justice Court of the Town of Kingsbury sent the parties a letter stating that it would be handling the summary proceeding. In October 1994, the Kingsbury Justice Court…

2Cases cited14 opinions

  1. Security Pacific National Bank v. EvansAppellate Division of the Supreme Court of the State of New York · 2006
  2. Editorial Photocolor Archives, Inc. v. Granger CollectionNew York Court of Appeals · 1984
  3. In re the Estate of RougeronNew York Court of Appeals · 1966
  4. Morrison v. Budget Rent A Car Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  5. Financial Industry Regulatory Authority, Inc. v. FieroNew York Court of Appeals · 2008

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