Waldman v. Millennium Realty Group LLC

Appellate Division of the Supreme Court of New York

Waldman v. Millennium Realty Group LLC

106 A.D.3d 472, 964 N.Y.S.2d 422

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

DecidedMay 9, 2013

StatusPublished

This text of 106 A.D.3d 472 (Waldman v. Millennium Realty Group LLC) 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

Waldman v. Millennium Realty Group LLC, 106 A.D.3d 472, 964 N.Y.S.2d 422 (N.Y. Ct. App. 2013).

Pincite

Opinion

—Order, Supreme Court, New York County (Paul Wooten, J), entered October 2, 2012, which granted defendant’s motion to dismiss the complaint for failure to timely file it in compliance with an order, same court and justice, entered May 6, 2011, in a prior action between the parties (index No. 116127/2010), unanimously affirmed, without costs.

The court properly dismissed the complaint in the instant action pursuant to the order in the prior action, which granted plaintiff leave to file a “new complaint” within 60 days and was marked “final disposition.” It is undisputed that plaintiff did not file the complaint in the instant action until after 60 days had expired. Concur—Andrias, J.P, Saxe, Freedman and Román, JJ.

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—Order, Supreme Court, New York County (Paul Wooten, J), entered October 2, 2012, which granted defendant’s motion to dismiss the complaint for failure to timely file it in compliance with an order, same court and justice, entered May 6, 2011, in a prior action between the parties (index No. 116127/2010), unanimously affirmed, without costs.

The court properly dismissed the complaint in the instant action pursuant to the order in the prior action, which granted plaintiff leave to file a “new complaint” within 60 days and was marked “final disposition.” It is undisputed that plaintiff did not file the complaint in the instant action until after 60 days had expired. Concur—Andrias, J.P, Saxe, Freedman and Román, JJ.

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Bluebook (online)

106 A.D.3d 472, 964 N.Y.S.2d 422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waldman-v-millennium-realty-group-llc-nyappdiv-2013.