Barnes v. Chrysler Leasing Corp.

Appellate Division of the Supreme Court of New York

Barnes v. Chrysler Leasing Corp.

37 A.D.2d 851, 325 N.Y.S.2d 956, 1971 N.Y. App. Div. LEXIS 3279

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

DecidedOctober 18, 1971

StatusPublished

Cited by1 cases

This text of 37 A.D.2d 851 (Barnes v. Chrysler Leasing Corp.) 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

Barnes v. Chrysler Leasing Corp., 37 A.D.2d 851, 325 N.Y.S.2d 956, 1971 N.Y. App. Div. LEXIS 3279 (N.Y. Ct. App. 1971).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, plaintiffs appeal from an order of the Supreme Court, Queens County, dated June 3, 1971, which denied their motion to strike the affirmative defense contained in the answer of defendant Chrysler Leasing Corp., without prejudice to renewal of the motion before the Trial Justice. Appeal by plaintiff Smith dismissed, without costs. Order affirmed as to plaintiffs Barnes, with $10 costs and disbursements. It appearing that plaintiff Smith was deceased at the time the motion was made, and no executor or administrator having yet been substituted as a party plaintiff, the appeal taken in his name must be dismissed (cf. Goldbard v. Kirchik, 20 A D 2d 725). Rabin, P. J., Hopkins, Munder, Latham and Christ, JJ., concur.

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In a negligence action to recover damages for personal injuries, plaintiffs appeal from an order of the Supreme Court, Queens County, dated June 3, 1971, which denied their motion to strike the affirmative defense contained in the answer of defendant Chrysler Leasing Corp., without prejudice to renewal of the motion before the Trial Justice. Appeal by plaintiff Smith dismissed, without costs. Order affirmed as to plaintiffs Barnes, with $10 costs and disbursements. It appearing that plaintiff Smith was deceased at the time the motion was made, and no executor or administrator having yet been substituted as a party plaintiff, the appeal taken in his name must be dismissed (cf. Goldbard v. Kirchik, 20 A D 2d 725). Rabin, P. J., Hopkins, Munder, Latham and Christ, JJ., concur.

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Bluebook (online)

37 A.D.2d 851, 325 N.Y.S.2d 956, 1971 N.Y. App. Div. LEXIS 3279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-v-chrysler-leasing-corp-nyappdiv-1971.

Opinion

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