Legal Opinion
Rotunno v. Gruhill Construction Corp.
Appellate Division of the Supreme Court of the State of New York
Decided May 16, 2006PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for breach of warranty, the plaintiffs appeal from an order of the County Court, Suffolk *773County (Weber, J.), dated July 1, 2005, which granted the motion of the defendant Gruhill Construction Corp. purportedly pursuant to CPLR 5019 (a) to amend a judgment of the same court dated December 7, 2004, to award an attorney’s fee to that defendant.
Ordered that the order is reversed, on the law, with costs, and the motion is denied.
“CPLR 5019 (a) provides a court with discretion to cure mistakes, defects, and irregularities in judgments regarding ministerial matters…
2Cases cited8 opinions
- Brusco v. BraunNew York Court of Appeals · 1994
- Kiker v. Nassau CountyNew York Court of Appeals · 1995
- Haggerty v. Market Basket Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Barclays Bank of New York, N. A. v. Strathmore Five Realty Co.Appellate Division of the Supreme Court of the State of New York · 1997
- AD 1619 Co. v. VB Management, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
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3Cited by5 opinions
- Mount Sinai Hospital v. Country Wide InsuranceAppellate Division of the Supreme Court of the State of New York · 2011
- Greenstein v. GreensteinAppellate Division of the Supreme Court of the State of New York · 2009
- Claus v. ClausAppellate Division of the Supreme Court of the State of New York · 2007
- DHE Homes, Ltd. v. JamnikAppellate Division of the Supreme Court of the State of New York · 2019
- Housen v. Boston Mkt. Corp.Appellate Division of the Supreme Court of the State of New York · 2018