Engelbrekston v. Grace Street Development Corp.

Appellate Division of the Supreme Court of New York

Engelbrekston v. Grace Street Development Corp.

127 A.D.2d 628, 511 N.Y.S.2d 781, 1987 N.Y. App. Div. LEXIS 43118

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

DecidedFebruary 9, 1987

StatusPublished

This text of 127 A.D.2d 628 (Engelbrekston v. Grace Street Development 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

Engelbrekston v. Grace Street Development Corp., 127 A.D.2d 628, 511 N.Y.S.2d 781, 1987 N.Y. App. Div. LEXIS 43118 (N.Y. Ct. App. 1987).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, which action was settled in court for the sum of $85,000, $10,000 of which was to be paid by the third-party defendant Wilcox Construction Company [629]*629(hereinafter Wilcox), Wilcox appeals from an order and judgment of the Supreme Court, Nassau County (McCaffrey, J.), entered December 2, 1985, which grants the plaintiff’s motion to enforce the settlement stipulation between the plaintiff and Wilcox and grants the plaintiff judgment against Wilcox in the sum of $10,000 plus costs and disbursements. The appeal brings up for review so much of a subsequent order of the same court dated April 10, 1986, as, upon reargument, adhered to the original determination (see, CPLR 5517).

Ordered that the appeal from the order and judgment entered December 2, 1985, is dismissed, as that order and judgment was superseded by the order dated April 10, 1986, made upon reargument, and it is further,

Ordered that the order dated April 10, 1986, is affirmed insofar as reviewed, for the reasons stated therein by Justice McCaffrey; and it is further,

Ordered that the plaintiff is awarded one bill of costs. Mollen, P. J., Thompson, Brown and Niehoff, JJ., concur.

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In a negligence action to recover damages for personal injuries, which action was settled in court for the sum of $85,000, $10,000 of which was to be paid by the third-party defendant Wilcox Construction Company [629]*629(hereinafter Wilcox), Wilcox appeals from an order and judgment of the Supreme Court, Nassau County (McCaffrey, J.), entered December 2, 1985, which grants the plaintiff’s motion to enforce the settlement stipulation between the plaintiff and Wilcox and grants the plaintiff judgment against Wilcox in the sum of $10,000 plus costs and disbursements. The appeal brings up for review so much of a subsequent order of the same court dated April 10, 1986, as, upon reargument, adhered to the original determination (see, CPLR 5517).

Ordered that the appeal from the order and judgment entered December 2, 1985, is dismissed, as that order and judgment was superseded by the order dated April 10, 1986, made upon reargument, and it is further,

Ordered that the order dated April 10, 1986, is affirmed insofar as reviewed, for the reasons stated therein by Justice McCaffrey; and it is further,

Ordered that the plaintiff is awarded one bill of costs. Mollen, P. J., Thompson, Brown and Niehoff, JJ., concur.

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Bluebook (online)

127 A.D.2d 628, 511 N.Y.S.2d 781, 1987 N.Y. App. Div. LEXIS 43118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/engelbrekston-v-grace-street-development-corp-nyappdiv-1987.