From Casetext: Smarter Legal Research

Smith v. Lefrak Organization, Inc.

Court of Appeals of the State of New York
Nov 1, 1983
60 N.Y.2d 828 (N.Y. 1983)

Opinion

Decided November 1, 1983

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FRANCIS X. BECKER, J.

Sydney J. Chase for appellants.

Lewis I. Wolf for respondents.



On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 96 A.D.2d 859). It is unnecessary for us to consider appellant's assertions that the recently enacted CPLR 2005 (L 1983, ch 318) is applicable in this case inasmuch as plaintiff failed to submit an affidavit of merits in opposition to defendants' motion for summary judgment ( Stolowitz v Mount Sinai Hosp., 60 N.Y.2d 685; Amodeo v Radler, 59 N.Y.2d 1001).

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.


Summaries of

Smith v. Lefrak Organization, Inc.

Court of Appeals of the State of New York
Nov 1, 1983
60 N.Y.2d 828 (N.Y. 1983)
Case details for

Smith v. Lefrak Organization, Inc.

Case Details

Full title:KIM A. SMITH, an Infant, by CLAUDE J. SMITH, Her Father, et al.…

Court:Court of Appeals of the State of New York

Date published: Nov 1, 1983

Citations

60 N.Y.2d 828 (N.Y. 1983)
469 N.Y.S.2d 693
457 N.E.2d 799

Citing Cases

Gibbs v. St. Barnabas Hosp

Hence, we have made clear that to obtain relief from the dictates of a conditional order that will preclude…

Williams v. Suttle

In any event, when the plaintiffs failed to appear for depositions within the time specified in the…