Gerr v. Weissberg

New York Court of Appeals

Gerr v. Weissberg

390 N.E.2d 1177, 47 N.Y.2d 730, 417 N.Y.S.2d 253, 1979 N.Y. LEXIS 2006

CourtNew York Court of Appeals

DecidedApril 24, 1979

StatusPublished

Cited by1 cases

This text of 390 N.E.2d 1177 (Gerr v. Weissberg) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gerr v. Weissberg, 390 N.E.2d 1177, 47 N.Y.2d 730, 417 N.Y.S.2d 253, 1979 N.Y. LEXIS 2006 (N.Y. 1979).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

We find no error of law in the determination of the Appellate Division that Special Term abused its discretion in conditionally denying defendant’s motion for summary judgment. Nor is there any substance to plaintiffs’ assertion that the Appellate Division was ousted of its authority of appellate review by the circumstance that, in reliance on plaintiffs’ compliance with the order of Special Term, the case had been restored to the calendar prior to the disposition of the appeal at the Appellate Division.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.

Order affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

We find no error of law in the determination of the Appellate Division that Special Term abused its discretion in conditionally denying defendant’s motion for summary judgment. Nor is there any substance to plaintiffs’ assertion that the Appellate Division was ousted of its authority of appellate review by the circumstance that, in reliance on plaintiffs’ compliance with the order of Special Term, the case had been restored to the calendar prior to the disposition of the appeal at the Appellate Division.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.

Order affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

390 N.E.2d 1177, 47 N.Y.2d 730, 417 N.Y.S.2d 253, 1979 N.Y. LEXIS 2006, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerr-v-weissberg-ny-1979.

Opinion

Related

Cite This Page — Counsel Stack