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Giordano v. Heating Plant

Appellate Division of the Supreme Court of New York, Second Department
Sep 19, 2006
32 A.D.3d 897 (N.Y. App. Div. 2006)

Summary

In Valhalla, this Court held that the "Supreme Court properly granted the defendant's motion to dismiss the complaint, and properly denied the plaintiff's cross motion" (id. at 897).

Summary of this case from HSBC Bank U.S. v. Francis

Opinion

2005-08760.

September 19, 2006.

In an action to recover damages, inter alia, for breach of contract, the plaintiff appeals from an order of the Supreme Court, Westchester County (Barone, J.), dated August 11, 2005, which granted the defendant's motion to dismiss the complaint as time-barred and denied his cross motion for leave to amend the caption and the complaint, and to consolidate the action with other actions.

McCarthy Fingar, LLP, White Plains, N.Y. (Robert H. Rosh of counsel), for appellant.

Charlene M. Indelicato, County Attorney, White Plains, N.Y. (Stacey Dolgin-Kmetz and Thomas G. Gardiner of counsel), for respondent.

Before: Prudenti, P.J., Adams, Rivera and Lifson, JJ.


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendant's motion to dismiss the complaint, and properly denied the plaintiff's cross motion ( see Giordano v Westchester County Dept. of Parks, Recreation Conservation, 32 AD3d 897 [decided herewith]).


Summaries of

Giordano v. Heating Plant

Appellate Division of the Supreme Court of New York, Second Department
Sep 19, 2006
32 A.D.3d 897 (N.Y. App. Div. 2006)

In Valhalla, this Court held that the "Supreme Court properly granted the defendant's motion to dismiss the complaint, and properly denied the plaintiff's cross motion" (id. at 897).

Summary of this case from HSBC Bank U.S. v. Francis
Case details for

Giordano v. Heating Plant

Case Details

Full title:A. ROBERT GIORDANO, Appellant, v. VALHALLA HEATING PLANT, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 19, 2006

Citations

32 A.D.3d 897 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 6554
820 N.Y.S.2d 805

Citing Cases

HSBC Bank U.S. v. Francis

Appellate authority on this issue, although limited to actions where dismissals were granted so as to render…