Legal Opinion
Grimes v. Kaplin
Appellate Division of the Supreme Court of the State of New York
Decided May 2, 2003PublishedCited by 4 opinions
1Opinion of the Court
—Appeal from an order of Supreme Court, Monroe County (Bergin, J.), entered September 9, 2002, which dismissed the complaint.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by reinstating the second and third causes of action and as modified the order is affirmed without costs.
Memorandum: We agree with plaintiff that Supreme Court erred in dismissing the second and third causes of action of the complaint in the absence of a request by defendant for such relief (see Hoeffner v John F. Frank, Inc., 302 AD2d 428 [2003]; Sena v…
2Cases cited9 opinions
- Ciesinski v. Town of AuroraAppellate Division of the Supreme Court of the State of New York · 1994
- Bradkin v. LevertonNew York Court of Appeals · 1970
- Farash v. Sykes Datatronics, Inc.New York Court of Appeals · 1983
- Mirchel v. RMJ Securities Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Sena v. Nationwide Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by4 opinions
- Abinanti v. PascaleAppellate Division of the Supreme Court of the State of New York · 2007
- Jacobs v. MostowAppellate Division of the Supreme Court of the State of New York · 2005
- Hurd v. HurdAppellate Division of the Supreme Court of the State of New York · 2009
- Rauch v. CiardulloAppellate Division of the Supreme Court of the State of New York · 2015