Diesel Installation Corp. of America v. Nu-Boro Park Cleaners, Inc.

Appellate Division of the Supreme Court of New York

Diesel Installation Corp. of America v. Nu-Boro Park Cleaners, Inc.

262 A.D. 969, 30 N.Y.S.2d 207, 1941 N.Y. App. Div. LEXIS 6697

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

DecidedSeptember 29, 1941

StatusPublished

This text of 262 A.D. 969 (Diesel Installation Corp. of America v. Nu-Boro Park Cleaners, 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

Diesel Installation Corp. of America v. Nu-Boro Park Cleaners, Inc., 262 A.D. 969, 30 N.Y.S.2d 207, 1941 N.Y. App. Div. LEXIS 6697 (N.Y. Ct. App. 1941).

Pincite

Opinion

Order dated July 9, 1941, modified on the law and the facts by striking out the last ordering paragraph and substituting therefor a provision to the effect that Nu-Boro Park Cleaners, Inc., the defendant in Action No. 1 and the plaintiff in Action No. 2, shall have the right to open and close upon the trial of the consolidated action. As thus modified the order, in so far as appealed from, is affirmed, with ten dollars costs and disbursements to appellant. Appeal from the order dated August 7, 1941, dismissed, without costs. Action No. 1 was instituted by the service of a summons without a complaint and the plaintiff having moved for consolidation waived the right to open and close. Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ., concur.

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Order dated July 9, 1941, modified on the law and the facts by striking out the last ordering paragraph and substituting therefor a provision to the effect that Nu-Boro Park Cleaners, Inc., the defendant in Action No. 1 and the plaintiff in Action No. 2, shall have the right to open and close upon the trial of the consolidated action. As thus modified the order, in so far as appealed from, is affirmed, with ten dollars costs and disbursements to appellant. Appeal from the order dated August 7, 1941, dismissed, without costs. Action No. 1 was instituted by the service of a summons without a complaint and the plaintiff having moved for consolidation waived the right to open and close. Lazansky, P. J., Johnston, Adel, Taylor and Close, JJ., concur.

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Bluebook (online)

262 A.D. 969, 30 N.Y.S.2d 207, 1941 N.Y. App. Div. LEXIS 6697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diesel-installation-corp-of-america-v-nu-boro-park-cleaners-inc-nyappdiv-1941.