Perez v. Key Skating Center

Appellate Division of the Supreme Court of New York

Perez v. Key Skating Center

304 A.D.2d 301, 756 N.Y.S.2d 743, 2003 N.Y. App. Div. LEXIS 3430

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

DecidedApril 1, 2003

StatusPublished

This text of 304 A.D.2d 301 (Perez v. Key Skating Center) 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

Perez v. Key Skating Center, 304 A.D.2d 301, 756 N.Y.S.2d 743, 2003 N.Y. App. Div. LEXIS 3430 (N.Y. Ct. App. 2003).

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Opinion

Order, Supreme Court, Bronx County (Stanley Green, J.), entered October 3, 2001, which denied defendant’s motion for summary judgment, unanimously modified, on the law, to dismiss the motion as academic in view of the prior order of the same court (Betty Owen Stinson, J.), entered on or about August 20, 2001, and otherwise affirmed, without costs. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

We modify as indicated to clarify that the motion court properly made no decision in the order on appeal, which merely alluded to the order of another Justice dated August 20, 2001 that granted defendant’s apparently identical prior motion for summary judgment, and from which plaintiff never appealed. Concur — Buckley, P.J., Mazzarelli, Sullivan, Ellerin and Lerner, JJ.

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Order, Supreme Court, Bronx County (Stanley Green, J.), entered October 3, 2001, which denied defendant’s motion for summary judgment, unanimously modified, on the law, to dismiss the motion as academic in view of the prior order of the same court (Betty Owen Stinson, J.), entered on or about August 20, 2001, and otherwise affirmed, without costs. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

We modify as indicated to clarify that the motion court properly made no decision in the order on appeal, which merely alluded to the order of another Justice dated August 20, 2001 that granted defendant’s apparently identical prior motion for summary judgment, and from which plaintiff never appealed. Concur — Buckley, P.J., Mazzarelli, Sullivan, Ellerin and Lerner, JJ.

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Bluebook (online)

304 A.D.2d 301, 756 N.Y.S.2d 743, 2003 N.Y. App. Div. LEXIS 3430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perez-v-key-skating-center-nyappdiv-2003.