Boyan v. General Time Instruments Corp.

Appellate Division of the Supreme Court of New York

Boyan v. General Time Instruments Corp.

267 A.D. 908, 47 N.Y.S.2d 29, 1944 N.Y. App. Div. LEXIS 5456

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

DecidedMarch 13, 1944

StatusPublished

Cited by1 cases

This text of 267 A.D. 908 (Boyan v. General Time Instruments 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.

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Boyan v. General Time Instruments Corp., 267 A.D. 908, 47 N.Y.S.2d 29, 1944 N.Y. App. Div. LEXIS 5456 (N.Y. Ct. App. 1944).

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Opinion

Appeal by defendant from an order denying its motion under rules 112 and 113 of the Rules of Civil Practice for a judgment dismissing the cause of action of the respondent. Order reversed on the law and the facts, without costs, and the motion granted, without costs. This respondent has no present interest in the cause of action. It was wholly assigned by operation of law to the insurance carrier, who is also a plaintiff in the consolidated action. (Wilton v. Radish, 266 App. Div. 974; Calagna v. Sheppard-Pollak, Ino., 264 App. Div. 589; Garter v. Brooklyn Ladder Go., Inc., 265 App. Div. 39.) The order of consolidation did not bar the defendant from moving. The questions here presented were not necessarily passed on in the motion for consolidation. Close, P. J., Carswell, Adel, Lewis and Aid-rich, JJ., concur.

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Appeal by defendant from an order denying its motion under rules 112 and 113 of the Rules of Civil Practice for a judgment dismissing the cause of action of the respondent. Order reversed on the law and the facts, without costs, and the motion granted, without costs. This respondent has no present interest in the cause of action. It was wholly assigned by operation of law to the insurance carrier, who is also a plaintiff in the consolidated action. (Wilton v. Radish, 266 App. Div. 974; Calagna v. Sheppard-Pollak, Ino., 264 App. Div. 589; Garter v. Brooklyn Ladder Go., Inc., 265 App. Div. 39.) The order of consolidation did not bar the defendant from moving. The questions here presented were not necessarily passed on in the motion for consolidation. Close, P. J., Carswell, Adel, Lewis and Aid-rich, JJ., concur.

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Bluebook (online)

267 A.D. 908, 47 N.Y.S.2d 29, 1944 N.Y. App. Div. LEXIS 5456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyan-v-general-time-instruments-corp-nyappdiv-1944.

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