Germantown Co-operative Ass'n v. Biedrzycki

Appellate Division of the Supreme Court of New York

Germantown Co-operative Ass'n v. Biedrzycki

30 A.D.2d 986, 294 N.Y.S.2d 81, 1968 N.Y. App. Div. LEXIS 3168

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

DecidedOctober 17, 1968

StatusPublished

This text of 30 A.D.2d 986 (Germantown Co-operative Ass'n v. Biedrzycki) 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

Germantown Co-operative Ass'n v. Biedrzycki, 30 A.D.2d 986, 294 N.Y.S.2d 81, 1968 N.Y. App. Div. LEXIS 3168 (N.Y. Ct. App. 1968).

Pincite

Opinion

Aulisi, J.

Appeal from an order of the Supreme Court at Special Term, entered October 25, 1967 in Columbia County, which modified an order dated October 24, 1967 and directed that the two actions be tried by the court without a jury. We find no procedural error in the reargument of the motion and the modification of the original order. It is apparent from the record that there was a misconception of the relief sought and the ultimate determination of directing a trial without a jury was proper under the circumstances where both parties have set forth accounts in their submitted bills of particulars which contain 185 and 145 [987]*987items respectively (CPLR 4317, subd. [b]). Order affirmed, without costs. Gibson, P. J., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Aulisi, J.

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Aulisi, J.

Appeal from an order of the Supreme Court at Special Term, entered October 25, 1967 in Columbia County, which modified an order dated October 24, 1967 and directed that the two actions be tried by the court without a jury. We find no procedural error in the reargument of the motion and the modification of the original order. It is apparent from the record that there was a misconception of the relief sought and the ultimate determination of directing a trial without a jury was proper under the circumstances where both parties have set forth accounts in their submitted bills of particulars which contain 185 and 145 [987]*987items respectively (CPLR 4317, subd. [b]). Order affirmed, without costs. Gibson, P. J., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Aulisi, J.

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Bluebook (online)

30 A.D.2d 986, 294 N.Y.S.2d 81, 1968 N.Y. App. Div. LEXIS 3168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/germantown-co-operative-assn-v-biedrzycki-nyappdiv-1968.