Lewis v. Thomas

3 Citing cases

  1. Lewis v. Thomas

    2024 N.Y. Slip Op. 5832 (N.Y. App. Div. 2024)

    By order dated October 11, 2018, Supreme Court granted plaintiff husband's motion to compel defendant to sign a deed of rectification. Upon defendant's appeal of that order, this Court reversed and remanded the matter for a fact-finding hearing to resolve "disputed factual issues concerning the parties' intent and whether they entered into a subsequent agreement concerning the property" (Lewis v Thomas, 192 A.D.3d 508, 510 [1st Dept 2021]).

  2. Lewis v. Thomas

    220 N.Y.S.3d 301 (N.Y. App. Div. 2024)

    By order dated October 11, 2018, Supreme Court granted plaintiff husband’s motion to compel defendant to sign a deed of rectification. Upon defendant’s appeal of that order, this Court reversed and remanded the matter for a fact-finding hearing to resolve "disputed factual issues concerning the parties’ intent and whether they entered into a subsequent agreement concerning the property" (Lewis v. Thomas, 192 A.D.3d 508, 510, 140 N.Y.S.3d 410 [1st Dept. 2021]). Defendant’s failure to include the trial transcript in the record on appeal, a necessary element of an appellate record (see CPLR 5526), requires dismissal of the appeal from the September 15, 2023 order.

  3. The Bd. of Managers of The Evans Tower Condo. v. Rosenberg

    2021 N.Y. Slip Op. 32749 (N.Y. Sup. Ct. 2021)

    Thus, this is not a valid ground on which to deny the Board's motion. In opposing the motion, the Rosenbergs rely on Lewis v Thomas, 192 A.D.3d 508, 509-510 (1st Dept 2021). However, in that case, which is clearly inapposite, the Appellate Division held that a hearing was needed to determine the intent of the parties in connection with a deed, since it contained contradictory provisions and ambiguous language.