Duane Thomas LLC v. Wallin
Cases that cite this one
3 later published cases cite this decision.
- Ashton v. Al Qaeda Islamic Army (In re Terrorist Attacks On Sept. 11, 2001) (District Court, S.D. Illinois 2018)
- Arellano v. HSBC Bank USA (Appellate Division of the Supreme Court of New York 2009)
- Duane Thomas LLC v. Wallin (Appellate Division of the Supreme Court of New York 2006)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered December 5, 2003, which, in an action for ejectment, inter alia, granted plaintiffs motion for use and occupancy and dismissal of defendant’s second counterclaim, and denied defendant’s cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Factual issues as to who breached the parties’ 2001 agreement settling the prior holdover proceeding preclude dismissal of plaintiffs claim for ejectment based on defendant’s breach of that agreement (see Aryeh v 61 E. 86 Owners Corp., 249 AD2d 248 [1998]). The issue of what, if any, notice of termination defendant was entitled to prior to the commencement of this action is entwined with factual issues that also cannot be determined on this record, including whether the subject unit is
Case-law data current through September 30, 2026. Source: CourtListener bulk data.