New York Court of Appeals, 1979

LONG ISLAND HOME, LTD. v. Whalen

New York Court of Appeals · Decided May 3, 1979 · Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg Concur

47 N.Y.2d 767; 391 N.E.2d 295; 417 N.Y.S.2d 459; 1979 N.Y. LEXIS 2038

Cases that cite this one

2 later published cases cite this decision.

Simaee v. Levi (Appellate Division of the Supreme Court of New York 2005)
Village of Herkimer v. Axelrod (Appellate Division of the Supreme Court of New York 1982)

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

OPINION OF THE COURT

Memorandum.

The order appealed from should be affirmed, with costs, for the reasons discussed in the opinion authored by Mr. Justice J. Clarence Herlihy at the Appellate Division (62 AD2d 23). No contrary result is mandated by section 12 of chapter 617 of the Laws of 1970, for that provision merely preserves preexisting rights and remedies, and has no application to the type of inchoate property interest upon which plaintiff seeks to base its arguments.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur.

Order affirmed, with costs, in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.