Legal Opinion

Toikach v. Basmanov

New York Supreme Court

Decided February 25, 2011PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Carolyn E. Demarest, J.

Plaintiff moves to strike defendant’s amended answer with counterclaims claiming it was not timely filed pursuant to CPLR 3025 (b) and for the award of costs and attorney’s fees associated with this motion and sanctions pursuant to 22 NYCRR 130-1.1.

Background

Plaintiff commenced this action by filing a verified complaint on January 6, 2010 and it was served upon the defendant on March 12, 2010. On April 8, 2010, plaintiff and defendant entered a stipulation to extend defendant’s time to answer the complaint until June 1, 2010. On June 10, 2010,…

2Cases cited6 opinions

  1. Sage Realty Corp. v. Proskauer Rose L. L. P.Appellate Division of the Supreme Court of the State of New York · 1998
  2. Taylor v. Eli Haddad Corp.New York Supreme Court · 1983
  3. STS Management Development, Inc. v. New York State Department of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 1998
  4. D'Addario v. McNabNew York Supreme Court · 1973
  5. Johnson v. SpenceAppellate Division of the Supreme Court of the State of New York · 2001

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3Cited by1 opinion

  1. Matter of Part 60 RMBS Put - Back Litig.Appellate Division of the Supreme Court of the State of New York · 2021

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