Gaston & Co. v. Independence Indemnity Co.

Appellate Division of the Supreme Court of New York

Gaston & Co. v. Independence Indemnity Co.

216 A.D. 824

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

DecidedMay 15, 1926

StatusPublished

This text of 216 A.D. 824 (Gaston & Co. v. Independence Indemnity Co.) 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

Gaston & Co. v. Independence Indemnity Co., 216 A.D. 824 (N.Y. Ct. App. 1926).

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Opinion

Per Curiam:

This court having held in Gaston & Company, Inc., v. Storch (post, p. 831), herewith decided, on appeal by the defendant Storch from an order of the Special Term denying his motion to compel the plaintiff to accept an amended answer, pursuant to sections 244 and 283 of the CivirPractiee Act, that such service was timely and that the answer should be received by the plaintiff, and this court having vacated the judgment entered in said action in plaintiff’s favor against said Storch on December 24, 1925, for $24,486.34, the present action is premature. The order, therefore, granting summary judgment herein was improper, and the said order and the judgment appealed from, thereupon entered, should be reversed, with costs to the appellant, and the motion for judgment denied, with ten dollars costs Present — Clarke, P. J., Merrell, Finch and Martin, JJ. Judgment and order reversed, with costs, and motion denied, with ten dollars costs.

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Per Curiam:

This court having held in Gaston & Company, Inc., v. Storch (post, p. 831), herewith decided, on appeal by the defendant Storch from an order of the Special Term denying his motion to compel the plaintiff to accept an amended answer, pursuant to sections 244 and 283 of the CivirPractiee Act, that such service was timely and that the answer should be received by the plaintiff, and this court having vacated the judgment entered in said action in plaintiff’s favor against said Storch on December 24, 1925, for $24,486.34, the present action is premature. The order, therefore, granting summary judgment herein was improper, and the said order and the judgment appealed from, thereupon entered, should be reversed, with costs to the appellant, and the motion for judgment denied, with ten dollars costs Present — Clarke, P. J., Merrell, Finch and Martin, JJ. Judgment and order reversed, with costs, and motion denied, with ten dollars costs.

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Bluebook (online)

216 A.D. 824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaston-co-v-independence-indemnity-co-nyappdiv-1926.