Top citers, strongest first. 2 distinct citers.
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discussed
Cited "see, e.g."
US Bank N.A. v. Nelson
Accordingly, I submit that the majority's determination expands the concept of waiver [*9]of affirmative defenses in a way that is inconsistent with this Court's own precedent ( see Sullivan v American Airlines, Inc. , 80 AD3d 600, 602 ["Although the defendants failed to plead as an affirmative defense that the plaintiffs relinquished their claims ( see CPLR 3018[b]), an unpleaded defense may serve as the basis for granting summary judgment in the absence of surprise or prejudice to the opposing party"]; see also Red Hook Marble, Inc. v Herskowitz & Rosenberg , 15 AD3d at 561 , lv granted 5 NY…
discussed
Cited "see, e.g."
US Bank N.A. v. Nelson
Accordingly, I submit that the majority's determination expands the concept of waiver [*9]of affirmative defenses in a way that is inconsistent with this Court's own precedent ( see Sullivan v American Airlines, Inc. , 80 AD3d 600, 602 ["Although the defendants failed to plead as an affirmative defense that the plaintiffs relinquished their claims ( see CPLR 3018[b]), an unpleaded defense may serve as the basis for granting summary judgment in the absence of surprise or prejudice to the opposing party"]; see also Red Hook Marble, Inc. v Herskowitz & Rosenberg , 15 AD3d at 561 , lv granted 5 NY…
Retrieving the full opinion text from the archive…
The People of the State of New York Ex Rel. Tyrone L. Jackson, Appellant,
v.
Mark Farsi, as Warden, Respondent. (And Other Proceedings.)
v.
Mark Farsi, as Warden, Respondent. (And Other Proceedings.)
New York Court of Appeals.
Jul 6, 2005.
835 N.E.2d 326
2005 N.Y. LEXIS 1574
Published
Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceedings within the meaning of the Constitution. Motion for poor person relief dismissed as academic.