Simons v. Park Towers South Co.

Appellate Division of the Supreme Court of New York

Simons v. Park Towers South Co.

288 A.D.2d 10, 732 N.Y.S.2d 161, 2001 N.Y. App. Div. LEXIS 10208

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

DecidedNovember 1, 2001

StatusPublished

This text of 288 A.D.2d 10 (Simons v. Park Towers South Co.) 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

Simons v. Park Towers South Co., 288 A.D.2d 10, 732 N.Y.S.2d 161, 2001 N.Y. App. Div. LEXIS 10208 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about July 7, 2000, which, in an action by a tenant against his landlord for abuse of process previously dismissed without prejudice to reinstatement upon determination of an eviction proceeding brought by the landlord against the tenant in Civil Court, denied the tenant’s motion to reinstate the action, unanimously affirmed, with costs.

The LAS court correctly found that to the extent plaintiffs claims might arguably fall outside the scope of the settlement agreement in the Civil Court proceeding, i.e., are based on causes of action unrelated to the non-primary residence litigation that was settled, such claims are barred by the one-year Statute of Limitations. Concur — Sullivan, P. J., Rosenberger, Tom, Wallach and Rubin, JJ.

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—Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about July 7, 2000, which, in an action by a tenant against his landlord for abuse of process previously dismissed without prejudice to reinstatement upon determination of an eviction proceeding brought by the landlord against the tenant in Civil Court, denied the tenant’s motion to reinstate the action, unanimously affirmed, with costs.

The LAS court correctly found that to the extent plaintiffs claims might arguably fall outside the scope of the settlement agreement in the Civil Court proceeding, i.e., are based on causes of action unrelated to the non-primary residence litigation that was settled, such claims are barred by the one-year Statute of Limitations. Concur — Sullivan, P. J., Rosenberger, Tom, Wallach and Rubin, JJ.

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Bluebook (online)

288 A.D.2d 10, 732 N.Y.S.2d 161, 2001 N.Y. App. Div. LEXIS 10208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simons-v-park-towers-south-co-nyappdiv-2001.