§Why CasetextPricing

M&T Real Estate Trust,, Appellant,v.James J. Doyle, II et al., Respondents.

Brief

12 Cited authorities

  1. Doctors Council v. Nycers

    71 N.Y.2d 669 (N.Y. 1988)   Cited 149 times
    Noting the statutory protection afforded by Adm. Code §§ 13-104 and 13-101 to all persons in City-service, designed to exclude persons such as independent contractors, remains as important and relevant as when the statute was passed

  2. State v. Patricia

    2006 N.Y. Slip Op. 1043 (N.Y. 2006)   Cited 65 times

    14. Argued January 10, 2006. Decided February 9, 2006. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered December 30, 2004. The Appellate Division (1) reversed, on the law, an order of the Supreme Court, Albany County (Thomas J. McNamara, J.), which had granted defendant's motion to dismiss the complaint for failure to state a cause of action, (2) denied defendant's motion, and (3) granted plaintiff's

  3. Kimmel v. State of N.Y

    76 A.D.3d 188 (N.Y. App. Div. 2010)   Cited 8 times
    Holding that discrimination claims under NYSHRL are statutory and do not give rise to tort liability

  4. Cicero v. Aspen Hills II, LLC

    85 A.D.3d 1411 (N.Y. App. Div. 2011)   Cited 7 times

    No. 510753. June 16, 2011. Appeal from an order of the Supreme Court (Giardino, J.), entered July 26, 2010 in Fulton County, which, among other things, denied plaintiffs motion for a deficiency judgment against certain defendants. DeGraff, Foy Kunz, L.L.P., Albany (Andrew B. Amerling of counsel), for appellant. Bosman Associates, P.L.L.C., Albany (T. Padric Moore of counsel), for Aspen Hills II, LLC and others, respondents. Before: Mercure, J.P., Kavanagh, Stein and Garry, JJ. Spain, J. In 2005,

  5. Lennar Northeast v. Gifaldi

    258 A.D.2d 240 (N.Y. App. Div. 1999)   Cited 14 times

    July 9, 1999 Appeal from Order of Supreme Court, Monroe County, (Siracuse, J.). OPINION OF THE COURT PINE, J. P. The issue presented in these appeals is when a foreclosure sale is consummated within the meaning of RPAPL 1371. Chase Manhattan Bank commenced foreclosure actions against two pieces of property, one in Rochester and the other in Buffalo, owned by Carl A. Gifaldi and Eva Gifaldi (defendants). Plaintiff, Lennar Northeast Partners Limited Partnership (Lennar), subsequently acquired the loans

  6. National Bank of Sussex County v. Betar

    207 A.D.2d 610 (N.Y. App. Div. 1994)   Cited 11 times

    August 4, 1994 Appeal from the Supreme Court, Orange County (Ingrassia, J.). Cardona, P.J. In June 1991, plaintiff obtained a judgment of foreclosure and sale against defendants in the amount of $334,000, together with costs and interest foreclosing two mortgages executed by defendants. Plaintiff purchased the property at the Referee's sale on September 16, 1991 for the sum of $125,000. The Referee computed a deficiency due to plaintiff of $225,332. The Referee executed a deed to plaintiff dated

  7. River Bank America v. Pan American Mall, Inc.

    221 A.D.2d 327 (N.Y. App. Div. 1995)   Cited 1 times

    November 6, 1995 Appeal from the Supreme Court, Queens County (LeVine, J.). Ordered that the order is affirmed insofar as appealed from, with costs. RPAPL 1371 (2) requires that a motion to enter a deficiency judgment be made within 90 days after the date the sale is consummated by the delivery of the proper deed of conveyance to the purchaser (Vittoria v Mazel, Bracha, Hatzlocha, 217 A.D.2d 657; Roosevelt Sav. Bank v Tsotsos, 215 A.D.2d 547; North Fork Bank Trust Co. v Boe, 198 A.D.2d 336). We agree

  8. First Federal Savings & Loan Ass'n v. Ivy Ridge, Inc.

    76 Misc. 2d 208 (N.Y. Sup. Ct. 1973)   Cited 6 times

    December 5, 1973 Hancock, Estabrook, Ryan, Shove Hust ( Melvin E. Holm of counsel), for plaintiff. Charles R. Rinaldo for Leonard C. Rinaldo, Sr., defendant. JAMES H. BOOMER, J. In this mortgage foreclosure action the mortgagee bank seeks a judgment of foreclosure and sale, not only of the real property, an apartment house, but also of the personal property used in connection with the apartment house. The mortgage covers the personal property as well as the real property and the only question involved

  9. Powderly v. Aetna Cas. Sur. Co.

    72 Misc. 2d 251 (N.Y. Sup. Ct. 1972)   Cited 3 times
    In Powerdly v. Aetna Casualty Surety Company, 72 Misc.2d 251, 338 N.Y.S.2d 555 (Sup.Ct. Monroe Co. 1972) the court held that an agreement, which required the recording of the papers and the redating of the abstract to show whether title was clear, established conditions precedent that must be satisfied before title could pass by way of the deed, despite the fact that the papers had been delivered to the grantees.

  10. Tompkins v. Hunter

    149 N.Y. 117 (N.Y. 1896)   Cited 125 times
    In Tompkins v. Hunter (149 N.Y. 117), which was decided in April, 1896, this court held that a sale and transfer by an insolvent of all his property at its full value in payment of debts to but one creditor, without making or contemplating a general assignment, was not within the provisions of the statute of 1887, and the Berger and Spelman cases were again limited.