London v. Iceland Inc.

Appellate Division of the Supreme Court of New York

London v. Iceland Inc.

288 A.D.2d 355, 734 N.Y.S.2d 460, 2001 N.Y. App. Div. LEXIS 11272

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 19, 2001

StatusPublished

Cited by1 cases

This text of 288 A.D.2d 355 (London v. Iceland Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

London v. Iceland Inc., 288 A.D.2d 355, 734 N.Y.S.2d 460, 2001 N.Y. App. Div. LEXIS 11272 (N.Y. Ct. App. 2001).

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Opinion

—In an action, inter alia, to recover damages for breach of fiduciary duty, the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (O’Connell, J.), dated April 25, 2001, which, upon an order of the same court, dated December 18, 2000, granting the motion of the respondent State Bank of Long Island to dismiss the complaint insofar as asserted against it, and the separate motion of the respondents Iceland Incorporated, Jacqueline Haenel, Stephen J. Haenel, and Stephen B. Gleich to dismiss the complaint insofar as asserted against them, dismissed the complaint insofar as asserted against the respondents.

Ordered that the judgment is reversed, on the law, with costs, the order dated December 18, 2000, is vacated, the motions are denied, the complaint is reinstated insofar as asserted against the respondents, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith.

The respondents’ respective motions to dismiss the complaint pursuant to CPLR 3404 should have been denied since the case was not on the trial calendar (see, Lopez v Imperial Delivery Serv., 282 AD2d 190; Cioffi v Kennedy, 284 AD2d 491; Miller v Duffy, 284 AD2d 380; Georgetown Mews Owners Corp. v Campus Assocs., 283 AD2d 608). Ritter, J. P., Goldstein, Friedmann, Feuerstein and Crane, JJ., concur.

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—In an action, inter alia, to recover damages for breach of fiduciary duty, the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (O’Connell, J.), dated April 25, 2001, which, upon an order of the same court, dated December 18, 2000, granting the motion of the respondent State Bank of Long Island to dismiss the complaint insofar as asserted against it, and the separate motion of the respondents Iceland Incorporated, Jacqueline Haenel, Stephen J. Haenel, and Stephen B. Gleich to dismiss the complaint insofar as asserted against them, dismissed the complaint insofar as asserted against the respondents.

Ordered that the judgment is reversed, on the law, with costs, the order dated December 18, 2000, is vacated, the motions are denied, the complaint is reinstated insofar as asserted against the respondents, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings in accordance herewith.

The respondents’ respective motions to dismiss the complaint pursuant to CPLR 3404 should have been denied since the case was not on the trial calendar (see, Lopez v Imperial Delivery Serv., 282 AD2d 190; Cioffi v Kennedy, 284 AD2d 491; Miller v Duffy, 284 AD2d 380; Georgetown Mews Owners Corp. v Campus Assocs., 283 AD2d 608). Ritter, J. P., Goldstein, Friedmann, Feuerstein and Crane, JJ., concur.

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Bluebook (online)

288 A.D.2d 355, 734 N.Y.S.2d 460, 2001 N.Y. App. Div. LEXIS 11272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/london-v-iceland-inc-nyappdiv-2001.

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