From Casetext: Smarter Legal Research

Tchaika Renewal Co. v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Oct 17, 1996
232 A.D.2d 250 (N.Y. App. Div. 1996)

Opinion

October 17, 1996.

Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered November 1, 1994, which denied plaintiffs motion for summary judgment and granted defendants' cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Before: Murphy, P.J., Rubin, Ross, Williams and Andrias, JJ.


The IAS Court properly determined that no triable issues of fact existed as to either plaintiffs liability for certain emergency repair liens or the validity of the repayment agreement dated January 25, 1990 and executed by its president. As no challenge to the liens was made within four months of notice thereof, here, no later than January 25, 1990, the action was untimely ( see, Solnick v Whalen, 49 NY2d 224). Further, plaintiff subsequently ratified the agreement and its president's authority to enter it by making payment pursuant thereto ( see, Kamenitsky v Corcoran, 177 App Div 605). Plaintiff presented no evidence of fraud, misrepresentation or mistake with respect to its claim for rescission, and mere conclusions, expressions of hope, or unsubstantiated assertions are insufficient to defeat a motion for summary judgment ( see, Zuckerman v City of New York, 49 NY2d 557, 562).

Plaintiff's claim of failure to follow regulations was improperly raised for the first time in reply to the motion ( see, A J Produce Corp. v De Palo Indus., 215 AD2d 317). Further, plaintiff has waived its due process claim by failing to raise it before the IAS Court ( see, Martin v Manhattan Bronx Surface Tr. Operating Auth., 198 AD2d 160). We have considered plaintiffs remaining claims and find them to be without merit.


Summaries of

Tchaika Renewal Co. v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Oct 17, 1996
232 A.D.2d 250 (N.Y. App. Div. 1996)
Case details for

Tchaika Renewal Co. v. City of New York

Case Details

Full title:TCHAIKA RENEWAL CO., LTD., Appellant, v. CITY OF NEW YORK et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 17, 1996

Citations

232 A.D.2d 250 (N.Y. App. Div. 1996)
648 N.Y.S.2d 96

Citing Cases

Vasquez v. 521 Properties Corp.

521 submitted the affidavit of Cristino Romero while the motions were sub judice. This affidavit, therefore,…

TU v. LOAN PRICING CORP.

Defendants attempt to do so for the first time in their reply papers which is improper and will not be…