Carlos v. Motor Vehicle Accident Indemnification Corp.

Appellate Division of the Supreme Court of New York

Carlos v. Motor Vehicle Accident Indemnification Corp.

22 A.D.2d 866, 254 N.Y.S.2d 619, 1964 N.Y. App. Div. LEXIS 2625

Appellate Division of the Supreme Court of the State of New York·Decided December 8, 1964·Published·Cited by 1 cases

Opinion

Order, entered September 23, 1964, unanimously reversed, on the law, without-costs,- and motion to strike jury demand denied, without, costs. The order would have been affirmed except for the fact- that the parties and Special Term were bound by the prior Special Term order which directed a trial before a court and a jury and which was not appealed. One Justice at Special Term may not ordinarily set aside or [867] materially modify an order rendered by another Justice so sitting. “Setting aside the judicial act of one judge by another of co-ordinate jurisdiction is avoided, wherever possible, as not conducive to the orderly administration of justice.” (Matter of United Press Assns. v. Valente, 281 App. Div. 395, 398, affd. 308 N. Y. 71; also Kamp v. Kamp, 59 N. Y. 212; Mount Sinai Hosp. v. Davis, 8 A D 2d 361.) Concur—Breitel, J. P., Valente, McNally, Eager and Steuer, JJ.

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Order, entered September 23, 1964, unanimously reversed, on the law, without-costs,- and motion to strike jury demand denied, without, costs. The order would have been affirmed except for the fact- that the parties and Special Term were bound by the prior Special Term order which directed a trial before a court and a jury and which was not appealed. One Justice at Special Term may not ordinarily set aside or [867] materially modify an order rendered by another Justice so sitting. “Setting aside the judicial act of one judge by another of co-ordinate jurisdiction is avoided, wherever possible, as not conducive to the orderly administration of justice.” (Matter of United Press Assns. v. Valente, 281 App. Div. 395, 398, affd. 308 N. Y. 71; also Kamp v. Kamp, 59 N. Y. 212; Mount Sinai Hosp. v. Davis, 8 A D 2d 361.) Concur—Breitel, J. P., Valente, McNally, Eager and Steuer, JJ.

Carlos v. Motor Vehicle Accident Indemnification Corp., 22 A.D.2d 866, 254 N.Y.S.2d 619, 1964 N.Y. App. Div. LEXIS 2625 (N.Y. Ct. App. 1964).

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22 A.D.2d 866 (Carlos v. Motor Vehicle Accident Indemnification Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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