Bianco v. Shareholders Commc'n Corp., 223 A.D.2d 617 (N.Y. App. Div. 1996). · Go Syfert
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Bianco v. Shareholders Commc'n Corp., 223 A.D.2d 617 (N.Y. App. Div. 1996). Cases Citing This Book View Copy Cite
19 citation events (18 in the last 25 years) across 6 distinct courts.
Top citers, strongest first. 10 distinct citers. How cited ↗
cited Cited as authority (rule) Eisen v. Venulum Ltd.
W.D.N.Y. · 2017 · confidence medium
Bianco v. S’holders Commc’n Corp., 223 A.D.2d 617 , 637 N.Y.S.2d 314, 314 (2d Dep’t 1996).
cited Cited as authority (rule) City of New York v. Kraus
N.Y. App. Div. · 2013 · confidence medium
Preserv. & Dev., 70 AD3d 893 [2010]; City of New York v 611 W. 152nd St., 273 AD2d 125, 127 [2000]; City of New York v Candelario, 223 AD2d 617, 618 [1996]).
cited Cited as authority (rule) City of New York v. Kraus
N.Y. App. Div. · 2013 · confidence medium
Preserv. & Dev., 70 AD3d 893 [2010]; City of New York v 611 W. 152nd St., 273 AD2d 125, 127 [2000]; City of New York v Candelario, 223 AD2d 617, 618 [1996]).
discussed Cited as authority (rule) Payne v. Rivera
N.Y. City Civ. Ct. · 2010 · confidence medium
Moreover, the counterclaim here for an order to correct extant housing code violations “has no bearing on the outcome of this summary . . . proceeding and, therefore, [must be] severed from the proceeding (see, CPLR 407).” (City of New York v Candelario, 223 AD2d 617, 618 [2d Dept 1996].) Respondents also assert that they have demonstrated as a matter of law that petitioner owns and operates as a single multiple dwelling both the building in which the premises is located and another building, that therefore that they have established that the premises is located in a horizontal multiple dw…
cited Cited "see" Matter of Merkin v. Berman
N.Y. App. Div. · 2015 · signal: see · confidence high
Therefore, the claim should be severed from the special proceeding and continued as a plenary action (CPLR 407; see City of New York v Candelario, 223 AD2d 617 [2d Dept 1996]).
discussed Cited "see" V & J Inc. v. 2320 Route 112, LLC
N.Y. App. Term. · 2006 · signal: see · confidence high
Co. of N.Y. v Durant Land Improvement Co., 144 NY 34, 44 [1894]; see 2 Dolan, Rasch’s Landlord and Tenant—Summary Proceedings § 18:31 [4th ed]), it was not an abuse of discretion for the court to sever the counterclaims for lost profits and for the cost of repairs, which claims were not so intertwined with landlord’s claim for rent as to require that they be disposed of in one proceeding (1314 Dev., LLC v Feras Trading Co., NYLJ, Jan. 18, 2001, at 28, col 5 [App Term, 1st Dept]; see City of New York v Candelario, 223 AD2d 617 [1996], supra).
discussed Cited "see, e.g." 2212 Prop. LLC v. Bernal
Civ. Ct. NYC, Queens Cty. · 2024 · signal: see also · confidence low
To the extent that petitioner requests that the court set the matter down for an inquest and disallow respondents' answers, in summary proceedings governed by the RPAPL, there is significant caselaw permitting the time to answer under RPAPL § 743 to be extended "by adjournment of the proceeding unless 'arrangements to the contrary' have been made." Aviles v. Santana , 56 Misc 3d 1206[A] , 2017 NY Slip Op 50887[U] , *5 [Civ Ct, Bronx County 2017] [quoting Gluck v. Wiroslaw , 113 Misc 2d 499, 500 [Civ Ct, Kings County 1982]]; see also City of New York v. Candelario , 156 Misc 2d 330, 331 [App T…
discussed Cited "see, e.g." 2212 Prop. LLC v. Bernal
Civ. Ct. NYC, Queens Cty. · 2024 · signal: see also · confidence low
To the extent that petitioner requests that the court set the matter down for an inquest and disallow respondents' answers, in summary proceedings governed by the RPAPL, there is significant caselaw permitting the time to answer under RPAPL § 743 to be extended "by adjournment of the proceeding unless 'arrangements to the contrary' have been made." Aviles v. Santana , 56 Misc 3d 1206[A] , 2017 NY Slip Op 50887[U] , *5 [Civ Ct, Bronx County 2017] [quoting Gluck v. Wiroslaw , 113 Misc 2d 499, 500 [Civ Ct, Kings County 1982]]; see also City of New York v. Candelario , 156 Misc 2d 330, 331 [App T…
cited Cited "see, e.g." Fountains-Clove Road Apartments, Inc. v. Gunther
N.Y. App. Term. · 2017 · signal: see also · confidence low
Co. v Leibowitz, 37 Misc 3d 49 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2012]; see also City of New York v Candelario, 223 AD2d 617 [1996]).
cited Cited "see, e.g." Fountains-Clove Rd. Apts., Inc. v. Gunther
N.Y. App. Term. · 2017 · signal: see also · confidence low
Co. v Leibowitz , 37 Misc 3d 49 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2012]; see also City of New York v Candelario , 223 AD2d 617 [1996]).
Retrieving the full opinion text from the archive…
Grace Bianco
v.
Shareholders Communication Corporation
Appellate Division of the Supreme Court of the State of New York.
Jan 22, 1996.
223 A.D.2d 617
Cited by 1 opinion  |  Published

In an action, inter alia, to recover damages for unjust enrichment, the plaintiffs appeal from an order of the Supreme Court, Queens County (Lonschein, J.), dated February 23, 1995, which denied their motion for summary judgment and granted the defendant’s cross motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiffs failed to establish that the contract at issue "was both procedurally and substantively unconscionable when made” (Gillman v Chase Manhattan Bank, 73 NY2d 1, 10). In addition, this was not one of those exceptional cases in which "a provision of the contract is so outrageous as to warrant holding it unenforceable on the ground of substantive unconscionability alone” (Gillman v Chase Manhattan Bank, supra, at 12). In fact, the defendant submitted evidence in support of its cross motion for summary judgment establishing that the price charged was not excessive. Since this evidence was unrefuted by the plaintiffs, a hearing on the issue of unconscionability was not warranted (cf., Matter of State of New York v Avco Fin. Serv., 50 NY2d 383, 390; State of New York v Wolowitz, 96 AD2d 47, 68-69). Balletta, J. P., Rosenblatt, Pizzuto, Joy and Altman, JJ., concur.