Metropolitan Transportation Authority v. Cosmopolitan Aviation Corp.
Cases that cite this one
3 later published cases cite this decision.
- Flushing Savings Bank v. Metropolitan Transportation Authority (In re Cosmopolitan Aviation Corp.) (District Court, E.D. New York 1987)
- Zaid Theatre Corp. v. Sona Realty Co. (Appellate Division of the Supreme Court of New York 2005)
- Alper v. Seavey (Appellate Division of the Supreme Court of New York 2004)
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 of the Appellate Division should be affirmed, with costs.
Whether Cosmopolitan waived any defect in service of the notice of default under the lease by accepting the notice without objection and proceeding well into the trial before raising any claim of a defect (see Mann Theatres Corp. v Mid-Island Shopping Plaza Co., 62 NY2d 930, affg 94 AD2d 466, 474; Matter of D’Agostino v Bernabel, 269 App Div 853) is a factual question beyond this court’s power of review. So also was the Trial Judge’s denial to Cosmopolitan of a continuance, it being clear from its failure to make any offer of proof that the denial was not an abuse of discretion as a matter of law (see Patron v Patron, 40 NY2d 582).
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.