Graubard Mollen Horowitz Pomeranz & Shapiro v. 600 Third Avenue Assocs., 258 A.D.2d 423 (N.Y. App. Div. 1999). · Go Syfert
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Graubard Mollen Horowitz Pomeranz & Shapiro v. 600 Third Avenue Assocs., 258 A.D.2d 423 (N.Y. App. Div. 1999). Cases Citing This Book View Copy Cite
10 citation events (8 in the last 25 years) across 1 distinct court.
Strongest positive: Jones v. Grooms (nyappdiv, 2022-10-25)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Jones v. Grooms
N.Y. App. Div. · 2022 · confidence medium
In moving to vacate under CPLR 5015(a)(1), "[w]hile a liberal approach toward vacating defaults in matrimonial proceedings is warranted because of the important public policy of determining those actions on their merits, 'it is still incumbent upon a party seeking vacatur to establish both a reasonable excuse for the default and a meritorious defense'" ( Ugweches v Ugweches , 78 AD3d 558, 559 [1st Dept 2010], quoting Estate of Allen v Allen , 258 AD2d 423, 423 [1st Dept 1999]).
discussed Cited as authority (rule) Jones v. Grooms
N.Y. App. Div. · 2022 · confidence medium
In moving to vacate under CPLR 5015(a)(1), "[w]hile a liberal approach toward vacating defaults in matrimonial proceedings is warranted because of the important public policy of determining those actions on their merits, 'it is still incumbent upon a party seeking vacatur to establish both a reasonable excuse for the default and a meritorious defense'" ( Ugweches v Ugweches , 78 AD3d 558, 559 [1st Dept 2010], quoting Estate of Allen v Allen , 258 AD2d 423, 423 [1st Dept 1999]).
discussed Cited as authority (rule) People v. Brown
N.Y. App. Div. · 2009 · confidence medium
The court ruled that it would permit inquiry about defendant’s 1994 misdemeanor forgery conviction (including the underlying facts) since the nature of that crime was particularly pertinent to credibility (see People v O’Garro, 258 AD2d 423, 424 [1999], lv denied 93 NY2d 975 [1999]), and also that it would permit questions about the existence of (but not the underlying facts about) the three most recent felony convictions.
discussed Cited as authority (rule) People v. Taylor
N.Y. App. Div. · 2004 · confidence medium
Those convictions were relevant on the issue of defendant’s credibility (see People v O’Garro, 258 AD2d 423, 424 [1999], lv denied 93 NY2d 975 [1999]; People v Lynch, 209 AD2d 827 [1994], lv denied 84 NY2d 1034 [1995]).
Retrieving the full opinion text from the archive…
Graubard Mollen Horowitz Pomeranz & Shapiro
v.
600 Third Avenue Associates
Appellate Division of the Supreme Court of the State of New York.
Jan 12, 1999.
258 A.D.2d 423
Cited by 10 opinions  |  Published

—Order, Supreme Court, New York County (Elliott Wilk, J.), entered April 24, 1998, denying plaintiffs motion to amend its complaint to seek monetary damages and granting defendant’s cross motion to restore the action to the trial calendar, unanimously affirmed, without costs.

Plaintiff withdrew its claims for monetary damages in 1994 and numerous subsequent pretrial rulings have been made in reliance upon the absence of any claim for damages. The action, after extraordinarily protracted discovery, is now trial ready, plaintiff having previously filed a note of issue and certificate of readiness. Thus, the motion court did not improvidently exercise its discretion in denying plaintiffs motion to amend its complaint to assert, once again, a claim for monetary damages, particularly since permitting the amendment at this late stage in the litigation would be prejudicial to defendant (see, Adams Drug Co. v Knobel, 129 AD2d 401, 404). Concur— Rosenberger, J. P., Williams, Mazzarelli and Saxe, JJ.