Arts4All, Ltd. v. Hancock

New York Court of Appeals

Arts4All, Ltd. v. Hancock

909 N.E.2d 83, 12 N.Y.3d 846

New York Court of Appeals·Decided May 12, 2009·Published·Cited by 36 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, [847] should be affirmed, with costs, and the certified question not answered as unnecessary.

The courts below applied the correct legal standards, properly considered all the facts and circumstances of the case, and did not abuse their discretion in dismissing plaintiffs’ remaining cause of action pursuant to CPLR 3126 (3) (see Kihl v Pfeffer, 94 NY2d 118, 123 [1999]).

Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum; Chief Judge Lippman taking no part.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, affirmed, etc.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, [847] should be affirmed, with costs, and the certified question not answered as unnecessary.

The courts below applied the correct legal standards, properly considered all the facts and circumstances of the case, and did not abuse their discretion in dismissing plaintiffs’ remaining cause of action pursuant to CPLR 3126 (3) (see Kihl v Pfeffer, 94 NY2d 118, 123 [1999]).

Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum; Chief Judge Lippman taking no part.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, affirmed, etc.

Arts4All, Ltd. v. Hancock, 909 N.E.2d 83, 12 N.Y.3d 846 (N.Y. 2009).

Pincite

909 N.E.2d 83 (Arts4All, Ltd. v. Hancock) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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