Gell v. St. Finbar's Roman Catholic Church

Appellate Division of the Supreme Court of New York

Gell v. St. Finbar's Roman Catholic Church

64 A.D.2d 649, 407 N.Y.S.2d 223, 1978 N.Y. App. Div. LEXIS 12452

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

DecidedJuly 17, 1978

StatusPublished

Cited by1 cases

This text of 64 A.D.2d 649 (Gell v. St. Finbar's Roman Catholic Church) 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

Gell v. St. Finbar's Roman Catholic Church, 64 A.D.2d 649, 407 N.Y.S.2d 223, 1978 N.Y. App. Div. LEXIS 12452 (N.Y. Ct. App. 1978).

Pincite

Opinion

In an action to recover damages for maintaining a nuisance, plaintiffs appeal from an order of the Supreme Court, Kings County, dated March 9, 1978, which denied their motion to transfer the trial of this action from Kings County to New York County, "without prejudice upon leave to renew by plaintiffs’ attorney, if he so desires, at the time of the jury selection of this matter”. Order affirmed, with one bill of $50 costs and disbursements payable jointly to respondents appearing separately and filing separate briefs. Plaintiffs have failed to show that "there is reason to believe that an impartial trial cannot be had” in Kings County (see CPLR 510, subd 2; People v Berkowitz, — AD2d —). Martuscello, J. P., Latham, Shapiro and O’Connor, JJ., concur.

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In an action to recover damages for maintaining a nuisance, plaintiffs appeal from an order of the Supreme Court, Kings County, dated March 9, 1978, which denied their motion to transfer the trial of this action from Kings County to New York County, "without prejudice upon leave to renew by plaintiffs’ attorney, if he so desires, at the time of the jury selection of this matter”. Order affirmed, with one bill of $50 costs and disbursements payable jointly to respondents appearing separately and filing separate briefs. Plaintiffs have failed to show that "there is reason to believe that an impartial trial cannot be had” in Kings County (see CPLR 510, subd 2; People v Berkowitz, — AD2d —). Martuscello, J. P., Latham, Shapiro and O’Connor, JJ., concur.

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Bluebook (online)

64 A.D.2d 649, 407 N.Y.S.2d 223, 1978 N.Y. App. Div. LEXIS 12452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gell-v-st-finbars-roman-catholic-church-nyappdiv-1978.

Opinion

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