Bari-Jay Fashions, Inc. v. Janine Originals, Inc.

Appellate Division of the Supreme Court of New York

Bari-Jay Fashions, Inc. v. Janine Originals, Inc.

40 A.D.2d 793, 337 N.Y.S.2d 493, 1972 N.Y. App. Div. LEXIS 3387

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 16, 1972

StatusPublished

This text of 40 A.D.2d 793 (Bari-Jay Fashions, Inc. v. Janine Originals, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bari-Jay Fashions, Inc. v. Janine Originals, Inc., 40 A.D.2d 793, 337 N.Y.S.2d 493, 1972 N.Y. App. Div. LEXIS 3387 (N.Y. Ct. App. 1972).

Pincite

Opinion

Order, Supreme Court, New York County, entered June 16, 1972, denying plaintiff’s motion to hold defendants in default and to order an inquest, unanimously modified, on the law, on the facts and in the exercise of discretion, to the extent of providing that as a condition to the denial of plaintiff’s motion and the grant to defendants of leave to Serve an answer, the defendants pay to plaintiff the sum of $150 in costs within 20 days after the entry of the order herein, and, as so modified, the order is affirmed, without costs and without disbursements. Under the circumstances of this case, while Special Term properly denied plaintiff’s motion to hold defendants in default, we believe that the denial of the motion and permitting defendants to answer should have been conditioned upon terms as indicated above. Concur—Markewich, J. P., Kupferman, McNally, Steuer and Eager, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County, entered June 16, 1972, denying plaintiff’s motion to hold defendants in default and to order an inquest, unanimously modified, on the law, on the facts and in the exercise of discretion, to the extent of providing that as a condition to the denial of plaintiff’s motion and the grant to defendants of leave to Serve an answer, the defendants pay to plaintiff the sum of $150 in costs within 20 days after the entry of the order herein, and, as so modified, the order is affirmed, without costs and without disbursements. Under the circumstances of this case, while Special Term properly denied plaintiff’s motion to hold defendants in default, we believe that the denial of the motion and permitting defendants to answer should have been conditioned upon terms as indicated above. Concur—Markewich, J. P., Kupferman, McNally, Steuer and Eager, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

40 A.D.2d 793, 337 N.Y.S.2d 493, 1972 N.Y. App. Div. LEXIS 3387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bari-jay-fashions-inc-v-janine-originals-inc-nyappdiv-1972.