Gerel v. United Scientific Laboratories, Inc.

Appellate Division of the Supreme Court of New York

Gerel v. United Scientific Laboratories, Inc.

260 A.D. 1004, 24 N.Y.S.2d 995, 1940 N.Y. App. Div. LEXIS 5806

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

DecidedDecember 13, 1940

StatusPublished

This text of 260 A.D. 1004 (Gerel v. United Scientific Laboratories, 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

Gerel v. United Scientific Laboratories, Inc., 260 A.D. 1004, 24 N.Y.S.2d 995, 1940 N.Y. App. Div. LEXIS 5806 (N.Y. Ct. App. 1940).

Pincite

Opinion

When the resettled order appealed from was made, issue had not yet been joined nor had forty days elapsed since the service of a summons initiating the action. (Civ. Prac. Act, § 433.) In the circumstances the order was not authorized. Order unanimously reversed, with twenty dollars costs and disbursements to the appellant against the plaintiff-respondent, and the action set down for trial at the head of the Ready Day Calendar of Special Term, Part III, for the 2d day of January, 1941, upon the filing by plaintiff of a note of issue for January, 1941, Term, and the Clerk of Special Term Part III, is directed to place this action at the head of the Ready Day Calendar [1005]*1005for the 2d day of January, 1941, upon the due filing of such note of issue. Present — Martin, P. J., Townley, Untermyer, Dore and Cohn, JJ.

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When the resettled order appealed from was made, issue had not yet been joined nor had forty days elapsed since the service of a summons initiating the action. (Civ. Prac. Act, § 433.) In the circumstances the order was not authorized. Order unanimously reversed, with twenty dollars costs and disbursements to the appellant against the plaintiff-respondent, and the action set down for trial at the head of the Ready Day Calendar of Special Term, Part III, for the 2d day of January, 1941, upon the filing by plaintiff of a note of issue for January, 1941, Term, and the Clerk of Special Term Part III, is directed to place this action at the head of the Ready Day Calendar [1005]*1005for the 2d day of January, 1941, upon the due filing of such note of issue. Present — Martin, P. J., Townley, Untermyer, Dore and Cohn, JJ.

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Bluebook (online)

260 A.D. 1004, 24 N.Y.S.2d 995, 1940 N.Y. App. Div. LEXIS 5806, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerel-v-united-scientific-laboratories-inc-nyappdiv-1940.