1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 201 A.D.3d
  5. 201 A.D.3d 610 (2022)
 

SHG RESOURCES, LLC v. SYTR REAL ESTATE HOLDINGS LLC

Index No. 653930/19. Appeal No. 15176-15176A. Case No. 2021-02206.

201 A.D.3d 610 (2022)

162 N.Y.S.3d 325

2022 NY Slip Op 00525

SHG Resources, LLC, Respondent, v. SYTR Real Estate Holdings LLC, Defendant, and Shlomo Rechnitz, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 27, 2022.

Attorney(s) appearing for the Case

Koffsky Schwalb LLC, New York (Efrem Schwalb and Tal Benschar of counsel), for appellant.

Dechert LLP, New York (Neil A. Steiner of counsel), for respondent.

Concur—Kapnick, J.P., Gesmer, González, Kennedy, Shulman, JJ.

The Court of Appeals has noted that the rule barring a pre-joinder motion for summary judgment is strictly applied (City of Rochester v Chiarella, 65 N.Y.2d 92, 101 [1985]). While CPLR 3211(c) permits the court, on notice to the parties, to treat a motion to dismiss as a motion for summary judgment before issue is joined, that is not the case here, where SHG moved directly for summary judgment; thus, a motion for summary judgment...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases