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Hamlet at Willow Creek Development Co., LLC v. Northeast Land Development Corporation

Citations: 13 N.Y.3d 900; 895 N.Y.S.2d 289; 2009 NY Slip Op 91573; 922 N.E.2d 875Docket: Motion No: 2009-1158

Court: New York Court of Appeals; December 16, 2009; New York; State Supreme Court

Narrative Opinion Summary

In the case of Hamlet at Willow Creek Development Co. LLC v. Northeast Land Development Corporation, the Court of Appeals of New York addressed motions involving amicus curiae briefs. The court granted the motion by Fidelity Association of America to file a brief amicus curiae regarding the motion for leave to appeal from Fidelity and Deposit Company of Maryland, accepting the brief as filed. However, the court dismissed as academic the motion to file an amicus curiae brief concerning the appeal itself. The decision was submitted on November 9, 2009, and decided on December 17, 2009.

Legal Issues Addressed

Amicus Curiae Briefs in Appellate Procedure

Application: The Court of Appeals of New York granted the motion for the Fidelity Association of America to file an amicus curiae brief in relation to a motion for leave to appeal.

Reasoning: The court granted the motion by Fidelity Association of America to file a brief amicus curiae regarding the motion for leave to appeal from Fidelity and Deposit Company of Maryland, accepting the brief as filed.

Dismissal of Motions as Academic

Application: The court found it necessary to dismiss the motion to file an amicus curiae brief concerning the appeal itself because it was deemed academic.

Reasoning: However, the court dismissed as academic the motion to file an amicus curiae brief concerning the appeal itself.