Gumper v. Biggane

Appellate Division of the Supreme Court of New York

Gumper v. Biggane

45 A.D.2d 772, 1974 N.Y. App. Div. LEXIS 4848

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

DecidedJune 3, 1974

StatusPublished

This text of 45 A.D.2d 772 (Gumper v. Biggane) 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

Gumper v. Biggane, 45 A.D.2d 772, 1974 N.Y. App. Div. LEXIS 4848 (N.Y. Ct. App. 1974).

Pincite

Opinion

Motion by respondent for permission to appeal to this court from an order of Special Term directing that the proceeding be set down for trial of the issues of fact and law presented. Pursuant to CPLR 5701 (subd. [c]), the motion is referred to Mr. Justice Kane, who makes the following decision: Motion denied, without costs. A consideration of the issues of law raised by the affirmative defenses set forth in respondent’s answer and a determination of the sufficiency of the amended petition in the face of these defenses can more expeditiously be made by Trial Term without prejudice to the interests of either party (see CPLR 409, subd. [b]). Herlihy, P. J., Staley, Jr., Greenblott, Sweeney and Kane, JJ., concur.

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Motion by respondent for permission to appeal to this court from an order of Special Term directing that the proceeding be set down for trial of the issues of fact and law presented. Pursuant to CPLR 5701 (subd. [c]), the motion is referred to Mr. Justice Kane, who makes the following decision: Motion denied, without costs. A consideration of the issues of law raised by the affirmative defenses set forth in respondent’s answer and a determination of the sufficiency of the amended petition in the face of these defenses can more expeditiously be made by Trial Term without prejudice to the interests of either party (see CPLR 409, subd. [b]). Herlihy, P. J., Staley, Jr., Greenblott, Sweeney and Kane, JJ., concur.

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Bluebook (online)

45 A.D.2d 772, 1974 N.Y. App. Div. LEXIS 4848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gumper-v-biggane-nyappdiv-1974.