Legal Opinion
Tucker v. Mashomack Fish
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1993PublishedCited by 6 opinions
1Opinion of the CourtMikoll, J.
Appeal (transferred to this Court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Beisner, J.), entered February 21, 1992 in Dutchess County, which, upon reconsideration, partially granted plaintiffs motion to limit the proof of the issue of damages.
The question at issue is whether damages caused by the filing of a wrongful lis pendens can be reduced by offsetting the higher sale price realized by the seller of the land after the lis pendens was vacated than was to be realized under a prior proposed sale which was aborted by the lis pendens. Supreme…
2Cases cited4 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Chain Locations of America, Inc. v. T.I.M.E. — DC, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Mashomack Fish & Game Preserve Club, Inc. v. Estate of JacksonAppellate Division of the Supreme Court of the State of New York · 1987
- D.B.C.G., Inc. v. Town of RamapoAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by6 opinions
- 1 Funding Center, Inc. v. H & G OperatIng Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Knopf v. SanfordAppellate Division of the Supreme Court of the State of New York · 2015
- Piccirilli v. BenjaminAppellate Division of the Supreme Court of the State of New York · 2024
- Piccirilli v. BenjaminAppellate Division of the Supreme Court of the State of New York · 2024
- Hargrave v. FresherAppellate Division of the Supreme Court of the State of New York · 1995
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