Guy v. Stern

Appellate Division of the Supreme Court of New York

Guy v. Stern

213 A.D.2d 340, 624 N.Y.S.2d 831, 1995 N.Y. App. Div. LEXIS 3278

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

DecidedMarch 28, 1995

StatusPublished

This text of 213 A.D.2d 340 (Guy v. Stern) 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

Guy v. Stern, 213 A.D.2d 340, 624 N.Y.S.2d 831, 1995 N.Y. App. Div. LEXIS 3278 (N.Y. Ct. App. 1995).

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Opinion

—Order, Supreme Court, New York County (Paula J. Omansky, J.), entered on or about September 30, 1994, which denied plaintiff’s motion for summary judgment on the issue of liability, unanimously reversed, on the law, and the plaintiff’s motion is granted, with costs.

In this action to recover for personal injuries suffered by plaintiff on October 14, 1993, while a passenger in a car leased from Toyota and driven by the individual defendant, the defendants-respondents, in a letter dated February 14, 1995, have conceded liability in this action and we reverse accordingly. We note, however, that the failure of defendants-respondents to advise us of such concession until two days prior to the argument of this appeal, constitutes an unnecessary burden on the Court, and request counsel in such a situation to advise the Court promptly of similar events affecting a pending appeal. Concur—Rosenberger, J. P., Wallach, Kupferman, Asch and Tom, JJ.

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—Order, Supreme Court, New York County (Paula J. Omansky, J.), entered on or about September 30, 1994, which denied plaintiff’s motion for summary judgment on the issue of liability, unanimously reversed, on the law, and the plaintiff’s motion is granted, with costs.

In this action to recover for personal injuries suffered by plaintiff on October 14, 1993, while a passenger in a car leased from Toyota and driven by the individual defendant, the defendants-respondents, in a letter dated February 14, 1995, have conceded liability in this action and we reverse accordingly. We note, however, that the failure of defendants-respondents to advise us of such concession until two days prior to the argument of this appeal, constitutes an unnecessary burden on the Court, and request counsel in such a situation to advise the Court promptly of similar events affecting a pending appeal. Concur—Rosenberger, J. P., Wallach, Kupferman, Asch and Tom, JJ.

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Bluebook (online)

213 A.D.2d 340, 624 N.Y.S.2d 831, 1995 N.Y. App. Div. LEXIS 3278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guy-v-stern-nyappdiv-1995.