Fitzpatrick v. Mister Donut of America, Inc.

Appellate Division of the Supreme Court of New York

Fitzpatrick v. Mister Donut of America, Inc.

84 A.D.2d 758, 443 N.Y.S.2d 766, 1981 N.Y. App. Div. LEXIS 15938

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

DecidedNovember 9, 1981

StatusPublished

This text of 84 A.D.2d 758 (Fitzpatrick v. Mister Donut of America, 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

Fitzpatrick v. Mister Donut of America, Inc., 84 A.D.2d 758, 443 N.Y.S.2d 766, 1981 N.Y. App. Div. LEXIS 15938 (N.Y. Ct. App. 1981).

Pincite

Opinion

Appeal by defendant from an order of the Supreme Court, Nassau County (Levitt, J.), dated April 3, 1981, which granted plaintiffs’ motion to amend the verified complaint. Order reversed, on the law, without costs or disbursements, and motion denied. No fact findings were presented for review. In view of this court’s prior determination adjudicating the rights of the parties, Special Term was without power to grant the motion (Fitzpatrick v Mister Donut of Amer., 78 AD2d 647, app dsmd by Court of Appeals Feb. 10, 1981, mot to vacate order of dismissal den March 26, 1981; cf. Rainbow v Rosenberg, 54 AD2d 1121). Hopkins, J. P., Damiani, Titone and Mangano, JJ., concur.

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Appeal by defendant from an order of the Supreme Court, Nassau County (Levitt, J.), dated April 3, 1981, which granted plaintiffs’ motion to amend the verified complaint. Order reversed, on the law, without costs or disbursements, and motion denied. No fact findings were presented for review. In view of this court’s prior determination adjudicating the rights of the parties, Special Term was without power to grant the motion (Fitzpatrick v Mister Donut of Amer., 78 AD2d 647, app dsmd by Court of Appeals Feb. 10, 1981, mot to vacate order of dismissal den March 26, 1981; cf. Rainbow v Rosenberg, 54 AD2d 1121). Hopkins, J. P., Damiani, Titone and Mangano, JJ., concur.

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Bluebook (online)

84 A.D.2d 758, 443 N.Y.S.2d 766, 1981 N.Y. App. Div. LEXIS 15938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitzpatrick-v-mister-donut-of-america-inc-nyappdiv-1981.

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