Giant Publishing Corp. v. Herlyn Realty Corp.

Appellate Division of the Supreme Court of New York

Giant Publishing Corp. v. Herlyn Realty Corp.

17 A.D.2d 630, 1962 N.Y. App. Div. LEXIS 8660

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

DecidedJuly 2, 1962

StatusPublished

This text of 17 A.D.2d 630 (Giant Publishing Corp. v. Herlyn Realty Corp.) 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

Giant Publishing Corp. v. Herlyn Realty Corp., 17 A.D.2d 630, 1962 N.Y. App. Div. LEXIS 8660 (N.Y. Ct. App. 1962).

Pincite

Opinion

In an action by plaintiff (sole occupant and lessee of a one-story commercial building owned by defendant Herlyn Realty Corporation) to recover for soot damage to plaintiff’s merchandise resulting from repeated puff-backs or explosions of the oil burner in said building, defendant Herlyn Realty Corporation appeals: (1) from an order of the Supreme Court, Nassau County, entered September 6, 1961, granting plaintiff’s motion, made pursuant to rule 109 of the Rules of Civil Practice, to strike out as patently insufficient the defense of res judicata contained in said defendant’s amended answer; and (2) from an order of the same court, entered November 27, 1961, denying said defendant’s motion for leave to serve a second amended answer repleading said defense. Orders affirmed, with one bill of $10 costs and disbursements. No opinion. Beldoek, P. J., Brennan, Hill, Rabin and Hopkins, JJ., concur.

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In an action by plaintiff (sole occupant and lessee of a one-story commercial building owned by defendant Herlyn Realty Corporation) to recover for soot damage to plaintiff’s merchandise resulting from repeated puff-backs or explosions of the oil burner in said building, defendant Herlyn Realty Corporation appeals: (1) from an order of the Supreme Court, Nassau County, entered September 6, 1961, granting plaintiff’s motion, made pursuant to rule 109 of the Rules of Civil Practice, to strike out as patently insufficient the defense of res judicata contained in said defendant’s amended answer; and (2) from an order of the same court, entered November 27, 1961, denying said defendant’s motion for leave to serve a second amended answer repleading said defense. Orders affirmed, with one bill of $10 costs and disbursements. No opinion. Beldoek, P. J., Brennan, Hill, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

17 A.D.2d 630, 1962 N.Y. App. Div. LEXIS 8660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/giant-publishing-corp-v-herlyn-realty-corp-nyappdiv-1962.