Weiss v. Alard, L.L.C.’s Empirical Analysis
2001
Citation profile
4
cited by 4 later decisions
March 2019
most recently cited
Relationships
Relies on 5303 Realty Corp. v. O & Y Equity Corp. · Andesco, Inc. v. Page · Freidus v. Sardelli · 45 Misc. 2d 1029 - Ronga v. Alpern · Rose v. Montt Assets, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In any action other than one to foreclose a mortgage or for partition or dower, the court, upon motion ... and ... notice ..., may direct any county clerk to cancel a notice of pendency, upon such terms as are just, whether or not judgment demanded would affect specific real property, if the moving party shall give an undertaking in an amount to be fixed by the court, and if: 1. the court finds that adequate relief can be secured to the plaintiff by the giving of such an undertaking; or 2. in such action, the plaintiff fails to give an undertaking, in an amount to be fixed by the court, that the plaintiff will indemnify the moving party for the damages that he may incur if the notice is not cancelled.”
1 later decision quote this exact passage · from the majority“(a) Mandatory cancellation. The court, upon motion ... and ... notice ..., shall direct any county clerk to cancel a notice of pendency, if service of a summons has not been completed within the time limited by section 6512; or if the action has been settled, discontinued or abated; or if the time to appeal from a final judgment against the plaintiff has expired, or if enforcement of a final judgment against the plaintiff has not been stayed pursuant to section 5519. (b) Discretionary cancellation. The court, upon motion ... and ... notice ..., may direct any county clerk to cancel a notice of pendency, if the plaintiff has not commenced or prosecuted the action in good faith.”
1 later decision quote this exact passage · from the majority“put[ ] the world on notice of the plaintiff's potential rights in the action and thereby warn[ ] all comers that if they then buy the realty ..., they do so subject to whatever the action may establish as the plaintiff's right.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.