Giovati v. Kavanagh

Appellate Division of the Supreme Court of New York

Giovati v. Kavanagh

245 A.D.2d 420, 666 N.Y.S.2d 30, 1997 N.Y. App. Div. LEXIS 13104

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

DecidedDecember 15, 1997

StatusPublished

Cited by1 cases

This text of 245 A.D.2d 420 (Giovati v. Kavanagh) 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

Giovati v. Kavanagh, 245 A.D.2d 420, 666 N.Y.S.2d 30, 1997 N.Y. App. Div. LEXIS 13104 (N.Y. Ct. App. 1997).

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Opinion

—In an action to recover damages for personal injuries, etc., the defendants Halmar Corporation and Defoe Corp. a/k/a Halmar-Defoe Corporation appeal, as limited by their brief, from so much of an order of the Supreme Court, Rockland County (Miller, J.), dated July 30, 1996, as dismissed the complaint insofar as asserted against them without prejudice.

Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, and the complaint insofar as asserted against the appellants is dismissed with prejudice.

Under the circumstances presented, the Supreme Court’s dismissal of the complaint insofar as asserted against the appellants without prejudice was an improvident exercise of discretion. Mangano, P. J., Santucci, Joy and Lerner, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the defendants Halmar Corporation and Defoe Corp. a/k/a Halmar-Defoe Corporation appeal, as limited by their brief, from so much of an order of the Supreme Court, Rockland County (Miller, J.), dated July 30, 1996, as dismissed the complaint insofar as asserted against them without prejudice.

Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, and the complaint insofar as asserted against the appellants is dismissed with prejudice.

Under the circumstances presented, the Supreme Court’s dismissal of the complaint insofar as asserted against the appellants without prejudice was an improvident exercise of discretion. Mangano, P. J., Santucci, Joy and Lerner, JJ., concur.

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Bluebook (online)

245 A.D.2d 420, 666 N.Y.S.2d 30, 1997 N.Y. App. Div. LEXIS 13104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/giovati-v-kavanagh-nyappdiv-1997.

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