Legal Opinion
Fischer v. Zepa Consulting AG.
Appellate Division of the Supreme Court of the State of New York
Decided July 9, 1999PublishedCited by 10 opinions
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiffs’ motion for a preliminary injunction and granted defendants’ cross motion for summary judgment dismissing the complaint. We reject plaintiffs’ contention that the right of defendant Zepa Consulting AG. (Zepa) to cut the timber growing on plaintiffs’ property is governed by the sale of goods provisions of article 2 of the Uniform Commercial Code and not real property law. UCC 2-107 (2), which applies to contracts for the sale of timber to be cut, is not applicable in the circumstances of this case.…
2Cases cited3 opinions
- Gorman v. RavesiAppellate Division of the Supreme Court of the State of New York · 1998
- McGregor v. . BrownNew York Court of Appeals · 1854
- Sedor v. WolickiAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by10 opinions
- Fischer v. Zepa Consulting AG.New York Court of Appeals · 2000
- Leroy v. LeroyAppellate Division of the Supreme Court of the State of New York · 2002
- Deputy Sheriff's Benevolent Ass'n of Onondaga County, Inc. v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 2001
- Fitzpatrick & Weller, Inc. v. MillerAppellate Division of the Supreme Court of the State of New York · 2003
- Hayner Hoyt Corp. v. Utica First InsuranceAppellate Division of the Supreme Court of the State of New York · 2003
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