Rapaport v. Flushing Savings Bank

Appellate Division of the Supreme Court of New York

Rapaport v. Flushing Savings Bank

266 A.D.2d 197, 698 N.Y.S.2d 496, 1999 N.Y. App. Div. LEXIS 11097

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

DecidedNovember 1, 1999

StatusPublished

This text of 266 A.D.2d 197 (Rapaport v. Flushing Savings Bank) 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

Rapaport v. Flushing Savings Bank, 266 A.D.2d 197, 698 N.Y.S.2d 496, 1999 N.Y. App. Div. LEXIS 11097 (N.Y. Ct. App. 1999).

Pincite

Opinion

—In an action to recover the proceeds of a certificate of deposit, the plaintiff appeals from an order of the Supreme Court, Queens County (LeVine, J.), dated September 24, 1998, which, after a nonjury trial, denied his motion pursuant to CPLR 4404 (b) to set aside a determination of the same court, dated March 9, 1998, directing the entry of judgment in favor of him and against the defendant in the total sum of only $25,197.54.

Ordered that the order is affirmed, with costs.

The plaintiff’s motion pursuant to CPLR 4404 (b) to set aside the determination directing the entry of judgment in his favor in the total sum of only $25,197.54 was untimely since it was made five months after the determination (see, CPLR 4405).

In light of the foregoing, the plaintiff’s remaining contentions need not be addressed. S. Miller, J. P., O’Brien, Ritter and Altman, JJ., concur.

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—In an action to recover the proceeds of a certificate of deposit, the plaintiff appeals from an order of the Supreme Court, Queens County (LeVine, J.), dated September 24, 1998, which, after a nonjury trial, denied his motion pursuant to CPLR 4404 (b) to set aside a determination of the same court, dated March 9, 1998, directing the entry of judgment in favor of him and against the defendant in the total sum of only $25,197.54.

Ordered that the order is affirmed, with costs.

The plaintiff’s motion pursuant to CPLR 4404 (b) to set aside the determination directing the entry of judgment in his favor in the total sum of only $25,197.54 was untimely since it was made five months after the determination (see, CPLR 4405).

In light of the foregoing, the plaintiff’s remaining contentions need not be addressed. S. Miller, J. P., O’Brien, Ritter and Altman, JJ., concur.

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Bluebook (online)

266 A.D.2d 197, 698 N.Y.S.2d 496, 1999 N.Y. App. Div. LEXIS 11097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rapaport-v-flushing-savings-bank-nyappdiv-1999.