DUTCH CHURCH v. 198 BROADWAY


76 N.Y.2d 411 (1990)

In the Matter of Minister, Elders and Deacons of the Reformed Protestant Dutch Church of the City of New York, Respondent, v. 198 Broadway, Inc., et al., Respondents, and Henry Modell and Co., Inc., Appellant.

Court of Appeals of the State of New York.

Decided July 10, 1990.


Attorney(s) appearing for the Case

Walter Feldesman, David Rosenberg and Michael G. Shannon for appellant.

Philip L. Graham, Jr., John C. Hardiman and Karen A. Popp for Minister, Elders and Deacons of the Reformed Protestant Dutch Church of the City of New York, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur in Per Curiam opinion; Judge ALEXANDER taking no part.


Per Curiam.

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...

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