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eBook details

• Title: Matter Minister v. 198 Broadway
• Author : Court of Appeals of New York
• Release Date : January 10, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

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[76 N.Y.2d 411 Page 413] Opinion OF THE COURT [1-4] Having unsuccessfully prosecuted two appeals and two prior motions in this court, respondent
Henry Modell and Co. (Modell) has now moved for an order "recalling and amending the remittitur" of our 1983 decision upholding
petitioner's right to possess the commercial premises that respondent formerly sublet. The motion is plainly untimely and,
for that reason it should be dismissed (22 NYCRR 500.11 [g] [3]; see, e.g., Drzewinski v Atlantic Scaffold & Ladder Co.,
70 N.Y.2d 999). Further, because the motion is utterly without legal support and was evidently made for the purpose of delaying
enforcement of petitioner's seven-year-old judgment, we conclude that, as specifically requested by petitioner, a sanction
in the amount of $2,500 should be imposed upon respondent Modell (see, 22 NYCRR 130-1.1 -- 130-1.5).*

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