City of Utica v. Gold Medal Packing Corp.

Appellate Division of the Supreme Court of New York

City of Utica v. Gold Medal Packing Corp.

31 A.D.2d 731, 297 N.Y.S.2d 168, 1968 N.Y. App. Div. LEXIS 2723

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

DecidedDecember 12, 1968

DocketNo. 3

StatusPublished

This text of 31 A.D.2d 731 (City of Utica v. Gold Medal Packing 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.

Bluebook

City of Utica v. Gold Medal Packing Corp., 31 A.D.2d 731, 297 N.Y.S.2d 168, 1968 N.Y. App. Div. LEXIS 2723 (N.Y. Ct. App. 1968).

Pincite

Opinion

—• Order unanimously modified to reverse insofar as it denies the motion of the trustee in bankruptcy to interpose a third-party complaint against Western Pork Packers, Inc., and motion granted with direction for further proceedings in accordance with the Memorandum herein and as so modified, order affirmed with costs. Memorandum: Along with his defense to the action of Chicago Dressed Beef, Inc. (hereinafter “ Chicago ”) to foreclose its mortgage against the Gold Medal Packing Corporation, the trustee in bankruptcy of said Corporation moved for leave to interpose a third-party complaint against Western Pork Packers, Inc. (hereinafter “Western”), to allege fraud charges against Western similar to those he has pending against Chicago and which had been referred to Trial Term for trial by order dated March 14, 1968, and entered March 18, 1968. The foreclosure action and the condemnation action (out of which the bankrupt’s principal assets arise) have been consolidated. Since Western is a creditor in the bankruptcy proceeding, it was error to deny this motion. Accordingly, this part of the order should be reversed and the motion to interpose such pleading should be granted, with direction that the issues presented by answer thereto be joined for trial with the fraud issues against Chicago which have been referred for trial as above noted, and as so modified the order appealed from should be affirmed. (Appeal from order of Oneida Special Term denying motion to serve amended answer.) “ Present — Bastow, P. J., Goldman, Del Veechio, Witmer and Henry, JJ.

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

—• Order unanimously modified to reverse insofar as it denies the motion of the trustee in bankruptcy to interpose a third-party complaint against Western Pork Packers, Inc., and motion granted with direction for further proceedings in accordance with the Memorandum herein and as so modified, order affirmed with costs. Memorandum: Along with his defense to the action of Chicago Dressed Beef, Inc. (hereinafter “ Chicago ”) to foreclose its mortgage against the Gold Medal Packing Corporation, the trustee in bankruptcy of said Corporation moved for leave to interpose a third-party complaint against Western Pork Packers, Inc. (hereinafter “Western”), to allege fraud charges against Western similar to those he has pending against Chicago and which had been referred to Trial Term for trial by order dated March 14, 1968, and entered March 18, 1968. The foreclosure action and the condemnation action (out of which the bankrupt’s principal assets arise) have been consolidated. Since Western is a creditor in the bankruptcy proceeding, it was error to deny this motion. Accordingly, this part of the order should be reversed and the motion to interpose such pleading should be granted, with direction that the issues presented by answer thereto be joined for trial with the fraud issues against Chicago which have been referred for trial as above noted, and as so modified the order appealed from should be affirmed. (Appeal from order of Oneida Special Term denying motion to serve amended answer.) “ Present — Bastow, P. J., Goldman, Del Veechio, Witmer and Henry, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

31 A.D.2d 731, 297 N.Y.S.2d 168, 1968 N.Y. App. Div. LEXIS 2723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-utica-v-gold-medal-packing-corp-nyappdiv-1968.