22 Cited authorities

  1. First National Stores, Inc. v. Yellowstone Shopping Center, Inc.

    21 N.Y.2d 630 (N.Y. 1968)   Cited 544 times   5 Legal Analyses
    In Yellowstone, the Court of Appeals addressed a controversy between a commercial tenant and landlord over the tenant's alleged default under the lease by failing to install a sprinkler system on the premises.
  2. Tewari v. Tsoutsouras

    75 N.Y.2d 1 (N.Y. 1989)   Cited 189 times
    In Tewari, applicable law did not expressly provide otherwise, since, as then-Judge Kaye noted in her concurrence, the underlying statute at issue (CPLR 3406 [a]) did "not plainly authorize dismissal" for failure to meet the relevant deadline (75 NY2d at 13-14).
  3. In the Matter of Sakow

    97 N.Y.2d 436 (N.Y. 2002)   Cited 131 times

    27OPN02 Decided March 21, 2002. Appeal, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered February 20, 2001, which, among other things, modified, on the law, and, as modified, affirmed, to the extent appealed from as limited by the briefs, an order of the Surrogate's Court, Bronx County (Lee Holzman, S.: opn 182 Misc.2d 775), granting objectants' application to appoint a temporary receiver to oversee certain parcels

  4. Gallo Brothers Construction v. Peccolo

    281 A.D.2d 811 (N.Y. App. Div. 2001)   Cited 14 times

    March 15, 2001. Cross appeals from an order of the Supreme Court (Demarest, J.), entered February 15, 2000 in St. Lawrence County, which, inter alia, granted plaintiff's motion to amend its complaint, denied plaintiff's motion for an order nunc pro tunc to extend the lis pendens and denied defendant Mary Peccolo's motion for summary judgment dismissing the complaint against her. Melvin Melvin L.L.P. (Lisa M. Lambert of counsel), Syracuse, for respondent-appellant. Durr, Riley, Nortz King (Scott R

  5. Makovic v. Aigbogun

    41 A.D.3d 342 (N.Y. App. Div. 2007)   Cited 3 times

    June 28, 2007. Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered January 23, 2007, which granted plaintiffs motion to extend a notice of pendency nunc pro tunc, unanimously affirmed, without costs. Before: Lippman, P.J., Mazzarelli, Marlow, Buckley and Malone, JJ. Plaintiff moved to extend the notice of pendency by order to show cause filed about 2½ months before the notice of pendency was due to expire. The motion was granted by order signed and entered about a month after the notice

  6. In the Matter of Monahan v. Hartka

    17 A.D.3d 758 (N.Y. App. Div. 2005)   Cited 4 times

    96522. April 7, 2005. Peters, J. Appeals (1) from an order of the Family Court of Greene County (Pulver, Jr., J.), entered November 10, 2003, which, inter alia, partially granted petitioner's application, in a proceeding pursuant to Family Ct Act article 4, for modification of a prior child support order, and (2) from an order of said court, entered July 14, 2004, which denied petitioner's motion to correct an irregularity and allow the late filing of objections. Maxwell Van Ryn, Delmar (Paul W.

  7. Kellett's Well Boring v. City of New York

    292 A.D.2d 179 (N.Y. App. Div. 2002)   Cited 4 times

    199-200-201 March 7, 2002. Order, Supreme Court, New York County (Louis York, J.), entered on or about December 21, 1998, which denied the motion of the defendant in Action No. 1, The City of New York, to dismiss, unanimously reversed, on the law and the facts, without costs, and the motion granted. The Clerk is directed to enter judgment in favor of defendant City of New York dismissing the complaint as against it in Action No. 1. Appeal from order, same court (Joan Madden, J.), entered January

  8. Conch Associates, Inc. v. Mercury, Inc.

    245 A.D.2d 538 (N.Y. App. Div. 1997)   Cited 3 times

    December 29, 1997 Appeal from the Supreme Court, Suffolk County (Cohalan, J.). Ordered that on the Court's own motion, the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further, Ordered that the order entered February 21, 1997, is reversed, on the law and as a matter of discretion, with costs, so much of the order dated February 7, 1996, as granted the motion of the defendant Mercury, Inc., to vacate a

  9. Binghamton Masonic Temple, Inc. v. Armor Elevator Co.

    186 A.D.2d 338 (N.Y. App. Div. 1992)   Cited 6 times

    September 24, 1992 Appeal from the Supreme Court, Broome County (Smyk, J.). At issue in this case are two court orders continuing respondent's mechanic's lien which were granted within the one-year time period set forth in Lien Law § 17, but which were not actually filed with the County Clerk within that time period. The first extension was obtained in 1987 and is governed by Lien Law former § 17 (as amended by L 1970, ch 696), while the second extension at issue was obtained in 1989 and is governed

  10. Gabriel v. 351 St. Nicholas Equities, Inc.

    168 A.D.2d 338 (N.Y. App. Div. 1990)   Cited 6 times
    In Gabriel v 351 St. Nicholas Equities, Inc. (168 AD2d 338 [IstDept 1990]), the Appellate Division ruled that this statute applied to a mortgage foreclosure where the entire debt had been accelerated, and that the only way the trial court could have allowed the defendant to avoid the entry of ajudgment of foreclosure and sale, or the ultimate sale of the property, would have been for defendants to have complied with RPAPL § 1341.