15 Cited authorities

  1. Dreger v. New York State Thruway Authority

    81 N.Y.2d 721 (N.Y. 1992)   Cited 616 times
    In Dreger, this Court was faced with the question of whether an action brought pursuant to section 11 CTC of the Court of Claims Act had been properly commenced.
  2. Grant Co. v. Srogi

    52 N.Y.2d 496 (N.Y. 1981)   Cited 789 times
    Denying injunction to present appellant on basis that it lacks equitable standing to assert aggravated pattern of tax abuse against its predecessor in title
  3. Burke v. Crosson

    85 N.Y.2d 10 (N.Y. 1995)   Cited 130 times

    Argued January 5, 1995 Decided February 9, 1995 Appeal from the Supreme Court, Onondaga County, Rosemary S. Pooler, J. Dennis C. Vacco, Attorney-General, Albany (Frank K. Walsh, Jerry Boone and Peter H. Schiff of counsel), for Edward Regan and another, appellants. Michael Colodner, New York City, John Eiseman and John J. Sullivan for Matthew T. Crosson, appellant. Julian Pertz, P.C., Utica (Robert F. Julian of counsel), for respondents. TITONE, J. Plaintiffs, three Onondaga County Court Judges, commenced

  4. Yonkers Contracting Co. v. Port Auth. Trans-Hudson

    93 N.Y.2d 375 (N.Y. 1999)   Cited 112 times
    Holding that a dismissal with prejudice is a final adjudication upon the merits for section 205 purposes
  5. Ratka v. St. Francis Hosp

    44 N.Y.2d 604 (N.Y. 1978)   Cited 79 times
    Holding that the statute of limitations was not tolled due to the infancy of the eventual administrator at the time of decedent's death, because "there existed, at the time of decedent's death, next of kin who were under no disability to receive letters of administration" during the two-year period
  6. In Matter of Heller

    2006 N.Y. Slip Op. 3469 (N.Y. 2006)   Cited 24 times

    52. Argued March 22, 2006. Decided May 4, 2006. APPEAL, by permission of the Appellate Division of the Supreme Court in the Second Judicial Department, from an order of that Court, entered August 15, 2005. The Appellate Division (1) affirmed so much of an order of the Surrogate's Court, Westchester County (Anthony A. Scarpino, Jr., S.), as had denied that branch of petitioner's motion which was for summary judgment annulling respondents' unitrust election pursuant to EPTL 11-2.4; (2) reversed, on

  7. In re Wyeth Holdings Corp.

    84 A.D.3d 1104 (N.Y. App. Div. 2011)   Cited 8 times

    No. 2009-10351. May 17, 2011. In two related tax certiorari proceedings for the tax years 2007 and 2008, Nanuet Union Free School District appeals, as limited by its brief, from so much of an order of the Supreme Court, Rockland County (LaCava, J.), dated September 22, 2009, as denied its motion to dismiss the proceedings on the ground that the petitions were not served upon its Superintendent of Schools and granted that branch of the petitioner's cross motion which was to deem the petitions timely

  8. In the Matter of Heller

    23 A.D.3d 61 (N.Y. App. Div. 2005)   Cited 13 times

    August 15, 2005. CROSS APPEALS from an order of the Surrogate's Court, Westchester County (Anthony A. Scarpino, Jr., S.), entered January 20, 2004 in a proceeding to revoke letters of trusteeship issued to respondents. The order, insofar as appealed from, (1) denied that branch of petitioner's motion for summary judgment annulling respondents' unitrust election pursuant to EPTL 11-2.4, (2) granted those branches of the petitioner's motion for summary judgment annulling the retroactive application

  9. Cornwall Yacht Club, Inc. v. Assessor

    110 A.D.3d 1070 (N.Y. App. Div. 2013)   Cited 3 times

    2013-10-30 In the Matter of CORNWALL YACHT CLUB, INC., appellant, v. ASSESSOR, et al., respondents; Cornwall Central School District, nonparty-respondent. Murphy & Lynch, P.C., East Norwich, N.Y. (Paul L. Damato and Heather Wine of counsel), for appellant. Garvin & Ferlazzo, P.C., Albany, N.Y. (Christopher P. Langlois and Robert F. Manfredo of counsel), for nonparty-respondent. Murphy & Lynch, P.C., East Norwich, N.Y. (Paul L. Damato and Heather Wine of counsel), for appellant. Garvin & Ferlazzo

  10. Harris Bay Yacht Club, Inc. v. Town of Queensbury

    46 A.D.3d 1304 (N.Y. App. Div. 2007)   Cited 7 times

    No. 502674. December 27, 2007. Appeal from an order of The Supreme Court (Krogmann, J.), entered March 2, 2007 in Warren County, which, in a proceeding pursuant to RPTL article 7, denied a motion by Lake George Central School District to dismiss the petition for failure to serve the proper school district and granted petitioner's cross motion for an extension of time. Bartlett, Pontiff, Stewart Rhodes, P.C., Glens Falls (Martin D. Auffredou of counsel), for appellant. Hite, O'Donnell Beaumont, P