Consolidated Airborne Systems, Inc. v. Silverman

Appellate Division of the Supreme Court of New York

Consolidated Airborne Systems, Inc. v. Silverman

23 A.D.2d 695, 257 N.Y.S.2d 827, 1965 N.Y. App. Div. LEXIS 4626

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

DecidedMarch 22, 1965

StatusPublished

Cited by2 cases

This text of 23 A.D.2d 695 (Consolidated Airborne Systems, Inc. v. Silverman) 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

Consolidated Airborne Systems, Inc. v. Silverman, 23 A.D.2d 695, 257 N.Y.S.2d 827, 1965 N.Y. App. Div. LEXIS 4626 (N.Y. Ct. App. 1965).

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Opinion

■ Motion by plaintiffs to dismiss defendants’ appeal from an order denying defendants’ motion to require plaintiffs to separately state and numlber the several causes of action alleged in the complaint. The motion was made on the ground that under the statute (CPLR 5701, subd. [h], par. 2) such an order was not appe'aiable as of right and that permission to appeal, as required by the statute (CPLR 5701, subd. [©]), had not been obtained. Motion denied. In our opinion, a motion to compel a plaintiff to separately state and number the causes of action alleged in the complaint is made under CPLR 3014 and not under CPLR 3024. Accordingly, we held that CPLR 5701 (subds. [lb], [e]) are not applicable to an order on such a motion; that the order affects a substantial right, and that it is therefore appealable as of right under CPLR 5701 (subd. [a], par. 2, el. v). Beldock, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.

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■ Motion by plaintiffs to dismiss defendants’ appeal from an order denying defendants’ motion to require plaintiffs to separately state and numlber the several causes of action alleged in the complaint. The motion was made on the ground that under the statute (CPLR 5701, subd. [h], par. 2) such an order was not appe'aiable as of right and that permission to appeal, as required by the statute (CPLR 5701, subd. [©]), had not been obtained. Motion denied. In our opinion, a motion to compel a plaintiff to separately state and number the causes of action alleged in the complaint is made under CPLR 3014 and not under CPLR 3024. Accordingly, we held that CPLR 5701 (subds. [lb], [e]) are not applicable to an order on such a motion; that the order affects a substantial right, and that it is therefore appealable as of right under CPLR 5701 (subd. [a], par. 2, el. v). Beldock, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.

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Bluebook (online)

23 A.D.2d 695, 257 N.Y.S.2d 827, 1965 N.Y. App. Div. LEXIS 4626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/consolidated-airborne-systems-inc-v-silverman-nyappdiv-1965.

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