Haniford v. Rosen

Appellate Division of the Supreme Court of New York

Haniford v. Rosen

41 A.D.2d 1021, 345 N.Y.S.2d 988, 1973 N.Y. App. Div. LEXIS 4381

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

DecidedMay 24, 1973

StatusPublished

This text of 41 A.D.2d 1021 (Haniford v. Rosen) 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

Haniford v. Rosen, 41 A.D.2d 1021, 345 N.Y.S.2d 988, 1973 N.Y. App. Div. LEXIS 4381 (N.Y. Ct. App. 1973).

Pincite

Opinion

—• Judgment unanimously affirmed, with costs. Memorandum: In affirming Special Term’s confirmation of an arbitration award to respondent in the amount of $8,300 with interest, we note that Special Term dismissed appellant’s complaint, a portion of which contained allegations and demanded relief not related in any way to the arbitrated matter that was confirmed. Although the dismissal is without prejudice, the better practice would have been for Special Term to sustain the good and sufficient claims and sever and dismiss only the insufficient ones (Practice Commentary, Siegel, McKinney’s Cons. Laws of N. Y., Book 7B, CPLR 3211.26, p. 32). (Appeal from judgment of Erie Special Term, in action for breach of partnership agreement.) Present — Goldman, P. J., Del Vecchio, Marsh, Cardamone and Henry, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—• Judgment unanimously affirmed, with costs. Memorandum: In affirming Special Term’s confirmation of an arbitration award to respondent in the amount of $8,300 with interest, we note that Special Term dismissed appellant’s complaint, a portion of which contained allegations and demanded relief not related in any way to the arbitrated matter that was confirmed. Although the dismissal is without prejudice, the better practice would have been for Special Term to sustain the good and sufficient claims and sever and dismiss only the insufficient ones (Practice Commentary, Siegel, McKinney’s Cons. Laws of N. Y., Book 7B, CPLR 3211.26, p. 32). (Appeal from judgment of Erie Special Term, in action for breach of partnership agreement.) Present — Goldman, P. J., Del Vecchio, Marsh, Cardamone and Henry, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

41 A.D.2d 1021, 345 N.Y.S.2d 988, 1973 N.Y. App. Div. LEXIS 4381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haniford-v-rosen-nyappdiv-1973.