New York Court of Appeals, 1983

Smith v. Lefrak Organization, Inc.

Smith v. Lefrak Organization, Inc.
New York Court of Appeals · Decided November 1, 1983
60 N.Y.2d 828; 469 N.Y.S.2d 693; 457 N.E.2d 799; 1983 N.Y. LEXIS 3499
Smith v. Lefrak Organization, Inc.

Cases that cite this one

17 later published cases cite this decision.

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

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (96 AD2d 859). It is unnecessary for us to consider appellant’s assertions that the recently enacted CPLR 2005 (L 1983, ch 318) is applicable in this case inasmuch as plaintiff failed to submit an affidavit of merits in opposition to defendants’ motion for summary judgment (Stolowitz v Mount Sinai Hosp., 60 NY2d 685; Amodeo v Radler, 59 NY2d 1001).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.

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