Legal Opinion
Harris v. Miller
Appellate Division of the Supreme Court of the State of New York
Decided January 19, 1988PublishedCited by 11 opinions
1Opinion of the Court
—In an action to recover on a promissory note, the plaintiff appeals from an order of the Supreme Court, Nassau County (Kutner, J.), dated September 29, 1986, which denied his motion pursuant to CPLR 3213 for summary judgment in lieu of complaint.
Ordered that the order is reversed, on the law, without costs or disbursements, the plaintiff’s motion for summary judgment in lieu of complaint is granted, the counterclaims based on quantum meruit asserted by the defendant are severed, and the defendant is directed to plead those counterclaims in a formal pleading within 10 days after service upon…
2Cases cited4 opinions
- Maglich v. Saxe, Bacon & Bolan, P. C.Appellate Division of the Supreme Court of the State of New York · 1983
- Logan v. Williamson & Co.Appellate Division of the Supreme Court of the State of New York · 1978
- Lackmann Food Service, Inc. v. E & S Vending Co.Appellate Division of the Supreme Court of the State of New York · 1986
- Beninati v. HanleyAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by11 opinions
- Vinciguerra v. Northside PartnershipAppellate Division of the Supreme Court of the State of New York · 1992
- Marx v. LaRoucheAppellate Division of the Supreme Court of the State of New York · 1989
- Carlyle CIM Agent, L.L.C. v. Trey Resources I, LLCAppellate Division of the Supreme Court of the State of New York · 2017
- Reynolds v. ArgushAppellate Division of the Supreme Court of the State of New York · 1997
- AFCO Credit Corp. v. EshaghianAppellate Division of the Supreme Court of the State of New York · 1995
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