Giannelli v. Challenge Machinery Co.

Appellate Division of the Supreme Court of New York

Giannelli v. Challenge Machinery Co.

30 A.D.2d 809, 293 N.Y.S.2d 701, 1968 N.Y. App. Div. LEXIS 3514

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

DecidedJuly 1, 1968

StatusPublished

This text of 30 A.D.2d 809 (Giannelli v. Challenge Machinery 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

Giannelli v. Challenge Machinery Co., 30 A.D.2d 809, 293 N.Y.S.2d 701, 1968 N.Y. App. Div. LEXIS 3514 (N.Y. Ct. App. 1968).

Pincite

Opinion

Order of the Supreme Court, Nassau County, dated November 16, 1967, which denied plaintiff’s motion to strike out the separate defense in the answer of defendant the Challenge Machinery Co., reversed, on the law and in the exercise of discretion, without costs, and motion remitted to Special Term for the purpose of conducting a trial of the issues raised on the motion (CPLR 3211, subd. [e]). In our opinion, a trial should be held herein in order that, after the disclosure of all relevant facts affecting the court’s jurisdiction under CPLR 302, Special Term may determine plain[810]*810tiff’s motion. Rabin, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.

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Order of the Supreme Court, Nassau County, dated November 16, 1967, which denied plaintiff’s motion to strike out the separate defense in the answer of defendant the Challenge Machinery Co., reversed, on the law and in the exercise of discretion, without costs, and motion remitted to Special Term for the purpose of conducting a trial of the issues raised on the motion (CPLR 3211, subd. [e]). In our opinion, a trial should be held herein in order that, after the disclosure of all relevant facts affecting the court’s jurisdiction under CPLR 302, Special Term may determine plain[810]*810tiff’s motion. Rabin, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.

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Bluebook (online)

30 A.D.2d 809, 293 N.Y.S.2d 701, 1968 N.Y. App. Div. LEXIS 3514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/giannelli-v-challenge-machinery-co-nyappdiv-1968.