Matter of Minister, Elders and Deacons of the Reformed Protestant Dutch Church
New York Court of Appeals
76 N.Y.2d 411, 559 N.Y.S.2d 866, 559 N.E.2d 429 (1990)
- Written by Steven Pacht, JD
Facts
[Editor’s Note: This case can also be found under the title Dutch Church v. 198 Broadway.] Henry Modell and Co. (Modell) (defendant) was involved in protracted litigation regarding its right to renew its sublet on a commercial property despite the master tenant’s decision not to renew the master lease. Modell lost its initial suit at the trial court, the appellate division, and, in 1983, the New York Court of Appeals. Modell then commenced a barrage of litigation in an unsuccessful attempt to undo its loss. This barrage included a failed declaratory-judgment action and several related appeals, as well as two motions to vacate the 1983 decision based on purported new evidence and a new legal theory. After losing the two motions to vacate (and related attempted appeals) and more than seven years after losing its 1983 appeal, Modell moved for clarification of the 1983 decision. Specifically, Modell filed a motion that it called a motion to recall and amend the remitter to clarify the 1983 decision. In that motion, Modell asked the court to consider purported new evidence and a new legal theory.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
