Legal Opinion

981 Third Ave. Corp. v. Beltramini

New York Court of Appeals

Decided February 19, 1986PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

On plaintiff’s appeal as against defendant Recess Restaurant, the order of the Appellate Division should be affirmed, with costs. Plaintiff's appeal as against defendant Beltramini should, however, be dismissed, without costs.

The Appellate Division having modified as to Recess by dismissing the entire complaint as to it and there being no cross claims between it and Beltramini, there is party finality as to Recess. As to Beltramini, however, the Appellate Division granted plaintiff summary judgment on the cause of action for specific performance but left four…

2Cases cited4 opinions

  1. Miller v. . SchlossNew York Court of Appeals · 1916
  2. White v. GuarenteNew York Court of Appeals · 1977
  3. Bradkin v. LevertonNew York Court of Appeals · 1970
  4. Berney v. General Accident Fire & Life Assurance Corp.New York Court of Appeals · 1977

3Cited by5 opinions

  1. MK West Street Co. v. Meridien Hotels, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
  2. Leavitt-Berner Tanning Corp. v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1987
  3. Gonzalez v. National Corp. for Housing PartnershipsAppellate Division of the Supreme Court of the State of New York · 1998
  4. CDC Nassau Associates v. FatoullahAppellate Division of the Supreme Court of the State of New York · 1992
  5. Migliore v. RicciardiAppellate Division of the Supreme Court of the State of New York · 1998

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