Moran v. Regency Savings Bank, F.S.B.
Cases that cite this one
18 later published cases cite this decision.
- Snellinger v. Federal National Mortgage Association (District Court, S.D. New York 2025)
- Snellinger v. Federal National Mortgage Association (District Court, S.D. New York 2021)
- Snellinger v. Federal National Mortgage Association (District Court, S.D. New York 2022)
- Cretcher v. U.S. Bank, N.A. (District Court, E.D. New York 2021)
- Bank of N.Y. Mellon v. Moon (Appellate Division of the Supreme Court of New York 2018)
- Berardi v. Berardi (Appellate Division of the Supreme Court of New York 2013)
- Berardi v. Berardi (Appellate Division of the Supreme Court of New York 2013)
- MAP Marine Ltd. v. China Construction Bank Corp. (Appellate Division of the Supreme Court of New York 2010)
- Town of Huntington v. Lagone (New York District Court 2010)
- Kramer v. Danalis (Appellate Division of the Supreme Court of New York 2009)
- Kramer v. Danalis (Appellate Division of the Supreme Court of New York 2009)
- Rodrigues v. Caetano (Appellate Division of the Supreme Court of New York 2008)
- Rodrigues v. Occhipinti (Appellate Division of the Supreme Court of New York 2008)
- One Beacon Insurance Co. v. French Institute Alliance Francais (Appellate Division of the Supreme Court of New York 2008)
- New Hampshire Insurance v. Bartha (Appellate Division of the Supreme Court of New York 2008)
- 2386 Creston Avenue Realty, LLC v. M-P-M Management Corp. (Appellate Division of the Supreme Court of New York 2008)
- Moran v. Regency Savings Bank, F.S.B. (Appellate Division of the Supreme Court of New York 2006)
- National Association of Securities Dealers, Inc. v. Fiero (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 (Walter B. Tolub, J.), entered July 15, 2003, which granted the motion of defendant Rosenfeld, Bernstein & Tannenhauser for summary judgment dismissing the complaint against it and imposing a sanction of $1,000 and awarding costs against plaintiff, denied
In response to the prima facie showings that both the Rosenfeld firm and Elmar Associates were out-of-possession mortgage holders who neither maintained nor controlled the premises where plaintiffs alleged accident occurred, and were therefore not responsible (see Bowles v City of New York, 154 AD2d 324 [1989]; see also Bonifacio v 910-930 S. Blvd. LLC, 295 AD2d 86, 89-90 [2002]), plaintiff failed to raise any triable issue of fact. Her claimed need for discovery, unsupported by notices, preliminary conference orders, letters requesting information or abstract searches by her attorney, was an ineffectual “mere hope,” insufficient to forestall summary judgment (see National Union Fire Ins. Co. v Marangi, 214 AD2d 469, 470 [1995]).
The court properly exercised its discretion in denying plaintiff s motion for a default judgment and permitting service of the answers of defendants Regency and Long Island City Associates, in light of the short delay in answering and absent any showing of prejudice to plaintiff. We note that the answer was served only days after plaintiff voluntarily redelivered the complaint to these defendants’ counsel, and that under the circumstances an affidavit of merit was not necessary (see DeMarco v Wyndham Intl., 299 AD2d 209 [2002]).
The motion court’s award of costs and sanction was a proper exercise of discretion in light of plaintiffs counsel’s unjustifiable and consistent refusal to discontinue the action against the Rosenfeld firm in the face of unrebutted documentary evidence showing that another party was the owner of the premises, coupled with counsel’s unreasonable insistence on tying such discontinuance to the obtaining of an admission of ownership and control from an unrelated defendant. Our imposition of
Case-law data current through December 31, 2025. Source: CourtListener bulk data.