1. Home
  2. Browse Decisions
  3. Misc.2d
  4. 178 Misc.2d
  5. 178 Misc.2d 541 (1998)
 

MALDONADO v. MAN-DELL FOOD

178 Misc.2d 541 (1998)

679 N.Y.S.2d 787

Jose Maldonado, as Commissioner of the Department of Consumer Affairs of the City of New York, et al., Plaintiffs, v. Man-Dell Food Stores, Inc., Also Known as Mandel Food Store, Inc., Doing Business as Key Food, Defendant.

Civil Court of the City of New York, New York County.

June 19, 1998

Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel of New York City (Robert A. Martin, Jean Osnos and Fred Cantor of counsel), for plaintiffs. Morris Mirsky for defendant.

MARTIN SHULMAN, J.

Can an administrative order assessing a fine be deemed an "instrument for the payment of money only" and, therefore, serve as a proper basis for a motion for summary judgment in lieu of complaint (see, CPLR 3213)? This novel issue appears to be one of first impression.

Brief Factual Background

The following undisputed facts are gleaned from plaintiffs' supporting...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases