Farrington v. Heidkamp
| Decision Date | 28 February 2006 |
| Docket Number | 2005-04539. |
| Citation | 809 N.Y.S.2d 458,26 A.D.3d 459,2006 NY Slip Op 01455 |
| Parties | KAREN A. FARRINGTON, Respondent, v. KENNETH K. HEIDKAMP et al., Defendants, and THOMAS J. BRENNAN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Westchester County, for a determination of the motion on the merits.
Contrary to the conclusion of the Supreme Court, the motion for summary judgment was timely served. The note of issue filed on July 19, 2003, was vacated when the case was removed from the trial calendar on September 21, 2004 (see Alexander v. City of New York, 277 AD2d 334 [2000]; Bono v. Barzallo, 260 AD2d 592 [1999]).
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9 cases
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Vinueza v. Tarar
...judgment on the basis that it was untimely ( seeCPLR 3212[a]; Williams v. Peralta, 37 A.D.3d 712, 831 N.Y.S.2d 208;Farrington v. Heidkamp, 26 A.D.3d 459, 809 N.Y.S.2d 458;Johnson v. Ladin, 18 A.D.3d 439, 794 N.Y.S.2d 441;Lebreton v. New York City Tr. Auth., 267 A.D.2d 211, 699 N.Y.S.2d 463;......
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Montalvo v. Episcopal Health Servs., Inc.
...Inc. , 110 A.D.3d 1045, 1046, 974 N.Y.S.2d 87 ) and the defendants could again seek summary judgment (see Farrington v. Heidkamp , 26 A.D.3d 459, 460, 809 N.Y.S.2d 458 ). Furthermore, although the Supreme Court indicated that it would have, in any event, denied that branch of the defendants......
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Norman v. 659 Rest. Inc.
...Inc., 172 A.D.3d 1357 [2d Dept 2019]; Montalvo v. Mumpus Restorations, Inc., 110 A.D.3d 1045 [2d Dept 2013]; Farrington v. Heidkamp, 26 A.D.3d 459 [2d Dept 2006]). Accordingly, it is hereby ORDERED that defendant's motion to dismiss the complaint and amended complaint, pursuant to CPLR § 31......
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Wells Fargo Bank, NA v. Apt
...Inc. , 110 A.D.3d 1045, 1046, 974 N.Y.S.2d 87 ), and the plaintiff could again seek summary judgment (see Farrington v. Heidkamp , 26 A.D.3d 459, 460, 809 N.Y.S.2d 458 ). To establish prima facie entitlement to judgment as a matter of law in an action to foreclose a mortgage, a plaintiff mu......
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