Charles N. O'Brien Co. v. Wood-Metal Industries, Inc.

Appellate Division of the Supreme Court of New York

Charles N. O'Brien Co. v. Wood-Metal Industries, Inc.

17 A.D.2d 765, 1962 N.Y. App. Div. LEXIS 8257

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

DecidedSeptember 14, 1962

StatusPublished

This text of 17 A.D.2d 765 (Charles N. O'Brien Co. v. Wood-Metal Industries, 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

Charles N. O'Brien Co. v. Wood-Metal Industries, Inc., 17 A.D.2d 765, 1962 N.Y. App. Div. LEXIS 8257 (N.Y. Ct. App. 1962).

Pincite

Opinion

Order -unanimously affirmed, with $25 costs and disbursements. Memorandum: Appellant moved pursuant to section 86 of the Rochester City Court Act (L. 1950, ch. 771) to remove this case to [766]*766Supreme Court. That statutory provision grants to the latter court discretionary authority to order such removal in any action where a counterclaim, as in this action, is interposed for more than $3,000. Upon the facts presented we conclude that Special Term providently exercised its discretion in denying the application. We pass upon no other question. (Appeal from order of Monroe Special Term denying a motion to remove the action from Rochester City Court to Supreme Court of Monroe County.) Present — Williams, P. J., Bastow, Goldman, Halpern and Henry, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order -unanimously affirmed, with $25 costs and disbursements. Memorandum: Appellant moved pursuant to section 86 of the Rochester City Court Act (L. 1950, ch. 771) to remove this case to [766]*766Supreme Court. That statutory provision grants to the latter court discretionary authority to order such removal in any action where a counterclaim, as in this action, is interposed for more than $3,000. Upon the facts presented we conclude that Special Term providently exercised its discretion in denying the application. We pass upon no other question. (Appeal from order of Monroe Special Term denying a motion to remove the action from Rochester City Court to Supreme Court of Monroe County.) Present — Williams, P. J., Bastow, Goldman, Halpern and Henry, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

17 A.D.2d 765, 1962 N.Y. App. Div. LEXIS 8257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-n-obrien-co-v-wood-metal-industries-inc-nyappdiv-1962.