Brooklyn Union Gas Co. v. Jamaica Buses, Inc.

Appellate Division of the Supreme Court of New York

Brooklyn Union Gas Co. v. Jamaica Buses, Inc.

112 A.D.2d 968, 492 N.Y.S.2d 779, 1985 N.Y. App. Div. LEXIS 52185

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

DecidedAugust 12, 1985

StatusPublished

This text of 112 A.D.2d 968 (Brooklyn Union Gas Co. v. Jamaica Buses, 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

Brooklyn Union Gas Co. v. Jamaica Buses, Inc., 112 A.D.2d 968, 492 N.Y.S.2d 779, 1985 N.Y. App. Div. LEXIS 52185 (N.Y. Ct. App. 1985).

Pincite

Opinion

In an interpleader action, inter alia, to determine the validity of an alleged lien interposed by defendant Jamaica Buses, Inc., defendants Jean and Bertrand Walsh appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Goldstein, J.), dated December 13, 1983, as denied their motion to strike the first affirmative and complete defense pleaded in the answer of defendant Jamaica Buses, Inc.

Order reversed insofar as appealed from, on consent of defendant Jamaica Buses, Inc., with costs payable by defendant Jamaica Buses, Inc., to appellants, and appellants’ motion to strike the first affirmative and complete defense pleaded in the answer of said defendant granted.

The only issue presented on the instant appeal is whether defendant Jamaica Buses, Inc., having consented to the reversal of the order insofar as appealed from by appellants, should be required to pay costs or disbursements incurred by appellants in perfecting this appeal. Since defendant Jamaica [969]*969Buses, Inc., did not consent to the reversal until after appellants had filed a record on appeal and a brief, appellants are entitled to recover their costs and disbursements from defendant Jamaica Buses, Inc. Thompson, J. P., Niehoff, Lawrence and Kunzeman, JJ., concur.

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In an interpleader action, inter alia, to determine the validity of an alleged lien interposed by defendant Jamaica Buses, Inc., defendants Jean and Bertrand Walsh appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Goldstein, J.), dated December 13, 1983, as denied their motion to strike the first affirmative and complete defense pleaded in the answer of defendant Jamaica Buses, Inc.

Order reversed insofar as appealed from, on consent of defendant Jamaica Buses, Inc., with costs payable by defendant Jamaica Buses, Inc., to appellants, and appellants’ motion to strike the first affirmative and complete defense pleaded in the answer of said defendant granted.

The only issue presented on the instant appeal is whether defendant Jamaica Buses, Inc., having consented to the reversal of the order insofar as appealed from by appellants, should be required to pay costs or disbursements incurred by appellants in perfecting this appeal. Since defendant Jamaica [969]*969Buses, Inc., did not consent to the reversal until after appellants had filed a record on appeal and a brief, appellants are entitled to recover their costs and disbursements from defendant Jamaica Buses, Inc. Thompson, J. P., Niehoff, Lawrence and Kunzeman, JJ., concur.

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Bluebook (online)

112 A.D.2d 968, 492 N.Y.S.2d 779, 1985 N.Y. App. Div. LEXIS 52185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooklyn-union-gas-co-v-jamaica-buses-inc-nyappdiv-1985.