Glavan v. OMI Corp.

Appellate Division of the Supreme Court of New York

Glavan v. OMI Corp.

249 A.D.2d 42, 670 N.Y.S.2d 771, 1998 N.Y. App. Div. LEXIS 3792

Appellate Division of the Supreme Court of the State of New York·Decided April 7, 1998·Published

Opinion

—Order, Supreme Court, New York County (Richard Braun, J.), entered on or about February 8, ,1996, which, during trial, dismissed the complaint and the third-party complaint, unanimously affirmed, with costs. Appeal from order, same court (Karla Moskowitz, J.), entered on or about December 1, 1995, which precluded plaintiff from presenting psychiatric evidence at trial, unanimously dismissed, without costs, as moot.

Plaintiff’s various claims were properly dismissed upon the basis of his representation at trial that he was not proceeding on certain claims, his earlier withdrawal with prejudice of anothér claim, and prior orders dismissing the remaining claims (see, Public Adm’r of County of N. Y. v Frota Oceanica Brasileira, 222 AD2d 332, lv dismissed 88 NY2d 920; Ford Motor Credit Co. v Colonial Funding Corp., 215 AD2d 435, 436; see also, Siegel, NY Prac § 448, at 679-680 [2d ed]). Concur — Sullivan, J. P., Rosenberger, Williams and Andrias, JJ.

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—Order, Supreme Court, New York County (Richard Braun, J.), entered on or about February 8, ,1996, which, during trial, dismissed the complaint and the third-party complaint, unanimously affirmed, with costs. Appeal from order, same court (Karla Moskowitz, J.), entered on or about December 1, 1995, which precluded plaintiff from presenting psychiatric evidence at trial, unanimously dismissed, without costs, as moot.

Plaintiff’s various claims were properly dismissed upon the basis of his representation at trial that he was not proceeding on certain claims, his earlier withdrawal with prejudice of anothér claim, and prior orders dismissing the remaining claims (see, Public Adm’r of County of N. Y. v Frota Oceanica Brasileira, 222 AD2d 332, lv dismissed 88 NY2d 920; Ford Motor Credit Co. v Colonial Funding Corp., 215 AD2d 435, 436; see also, Siegel, NY Prac § 448, at 679-680 [2d ed]). Concur — Sullivan, J. P., Rosenberger, Williams and Andrias, JJ.

Glavan v. OMI Corp., 249 A.D.2d 42, 670 N.Y.S.2d 771, 1998 N.Y. App. Div. LEXIS 3792 (N.Y. Ct. App. 1998).

Pincite

249 A.D.2d 42 (Glavan v. OMI Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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