Carlile v. Waite

Appellate Division of the Supreme Court of New York

Carlile v. Waite

265 A.D.2d 889, 696 N.Y.S.2d 920, 1999 N.Y. App. Div. LEXIS 9995

Appellate Division of the Supreme Court of the State of New York·Decided October 1, 1999·Published·Cited by 3 cases

Opinion

—Judgment unanimously affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court (Stone, J.). We add only that a CPLR article 78 proceeding is “not the proper vehicle to resolve contractual rights” (Automated Ticket Sys. v Quinn, 70 AD2d 726, 727, mod on other grounds 49 NY2d 792; see, Matter of City Constr. Dev. v Commissioner of N. Y. State Off. of Gen. Servs., 176 AD2d 1145), and any alleged contract rights or remedies must be asserted in a plenary action. (Appeal from Judgment of Supreme Court, Onondaga County, Stone, J. — CPLR art 78.) Present — Pine, J. P., Lawton, Wisner, Hurlbutt and Balio, JJ.

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—Judgment unanimously affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court (Stone, J.). We add only that a CPLR article 78 proceeding is “not the proper vehicle to resolve contractual rights” (Automated Ticket Sys. v Quinn, 70 AD2d 726, 727, mod on other grounds 49 NY2d 792; see, Matter of City Constr. Dev. v Commissioner of N. Y. State Off. of Gen. Servs., 176 AD2d 1145), and any alleged contract rights or remedies must be asserted in a plenary action. (Appeal from Judgment of Supreme Court, Onondaga County, Stone, J. — CPLR art 78.) Present — Pine, J. P., Lawton, Wisner, Hurlbutt and Balio, JJ.

Carlile v. Waite, 265 A.D.2d 889, 696 N.Y.S.2d 920, 1999 N.Y. App. Div. LEXIS 9995 (N.Y. Ct. App. 1999).

Pincite

265 A.D.2d 889 (Carlile v. Waite) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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