Calinicas v. Fulton

Appellate Division of the Supreme Court of New York

Calinicas v. Fulton

242 A.D. 850

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

DecidedNovember 15, 1934

StatusPublished

Cited by2 cases

This text of 242 A.D. 850 (Calinicas v. Fulton) 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

Calinicas v. Fulton, 242 A.D. 850 (N.Y. Ct. App. 1934).

Pincite

Opinion

Order denying defendant’s motion to dismiss the complaint in an action for personal injuries on the ground that there is another action pending between the same parties for the same cause affirmed, with ten dollars costs and disbursements. Rule 107 of the Rules of Civil Practice provides that the motion must be made within twenty days after service of the complaint. Here it was not made until September 25, 1934, and, therefore, was not timely. Lazansky, P. J., Hagarty, Carswell, Tompkins and Davis, JJ., concur.

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Order denying defendant’s motion to dismiss the complaint in an action for personal injuries on the ground that there is another action pending between the same parties for the same cause affirmed, with ten dollars costs and disbursements. Rule 107 of the Rules of Civil Practice provides that the motion must be made within twenty days after service of the complaint. Here it was not made until September 25, 1934, and, therefore, was not timely. Lazansky, P. J., Hagarty, Carswell, Tompkins and Davis, JJ., concur.

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Bluebook (online)

242 A.D. 850, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calinicas-v-fulton-nyappdiv-1934.

Opinion

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