Duell v. Springer

Appellate Division of the Supreme Court of New York

Duell v. Springer

1 A.D.2d 867, 148 N.Y.S.2d 777, 1956 N.Y. App. Div. LEXIS 6311

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

DecidedFebruary 21, 1956

StatusPublished

This text of 1 A.D.2d 867 (Duell v. Springer) 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

Duell v. Springer, 1 A.D.2d 867, 148 N.Y.S.2d 777, 1956 N.Y. App. Div. LEXIS 6311 (N.Y. Ct. App. 1956).

Pincite

Opinion

Appeal from an order of the Special Term of the Supreme Court, Warren County, permitting the defendant to discontinue a counterclaim interposed by him in the plaintiff’s separation action. The defendant had interposed a counterclaim for annulment on the ground of fraud but, when it appeared that this would delay the speedy trial of the separa[868]*868tion action, the defendant sought permission to discontinue the counterclaim without prejudice and the permission was granted. The order appealed from was a discretionary one and we find no abuse in the exercise of the Special Term’s discretion. Order affirmed, with $10 costs. Bergan, J. P., Coon, Halpern and Zeller, JJ., concur.

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Appeal from an order of the Special Term of the Supreme Court, Warren County, permitting the defendant to discontinue a counterclaim interposed by him in the plaintiff’s separation action. The defendant had interposed a counterclaim for annulment on the ground of fraud but, when it appeared that this would delay the speedy trial of the separa[868]*868tion action, the defendant sought permission to discontinue the counterclaim without prejudice and the permission was granted. The order appealed from was a discretionary one and we find no abuse in the exercise of the Special Term’s discretion. Order affirmed, with $10 costs. Bergan, J. P., Coon, Halpern and Zeller, JJ., concur.

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Bluebook (online)

1 A.D.2d 867, 148 N.Y.S.2d 777, 1956 N.Y. App. Div. LEXIS 6311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duell-v-springer-nyappdiv-1956.