Legal Opinion
Tetens v. Elston Realty Corp.
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 1985PublishedCited by 4 opinions
1Opinion of the CourtKane, J.
Appeal from an order of the Supreme Court at Special Term (Ford, J.), entered January 20, 1984 in Montgomery County, which, inter alia, denied third-party defendant H. J. Duffney Trucking’s motion to dismiss the third-party complaint against it and, in the alternative, for summary judgment.*
Initially, we note that defendant has attached certain papers to its brief that were not included in the record on appeal. Since these papers were not in the certified record on appeal, we may not consider them (see Mulligan v Lackey, 33 AD2d 991, 992).
*982Plaintiff commenced the instant action in February…
2Cases cited3 opinions
- Mulligan v. LackeyAppellate Division of the Supreme Court of the State of New York · 1970
- Blum v. Good Humor Corp.Appellate Division of the Supreme Court of the State of New York · 1977
- Lerner Stores Corp. v. Parklane Hosiery Co.Appellate Division of the Supreme Court of the State of New York · 1976
3Cited by4 opinions
- Green v. Harris Beach & WilcoxAppellate Division of the Supreme Court of the State of New York · 1994
- Brusso v. ImbeaultDistrict Court, W.D. New York · 2010
- In Re JMK Construction Group, Ltd.United States Bankruptcy Court, S.D. New York · 2010
- Jacobowitz v. Montano Specialty AutoAppellate Division of the Supreme Court of the State of New York · 1992