Hardwick v. Gardiner

Appellate Division of the Supreme Court of New York

Hardwick v. Gardiner

275 A.D.2d 900

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

DecidedMay 19, 1949

StatusPublished

This text of 275 A.D.2d 900 (Hardwick v. Gardiner) 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

Hardwick v. Gardiner, 275 A.D.2d 900 (N.Y. Ct. App. 1949).

Pincite

Opinion

Memorandum: There is no appeal from that part of the order granting plaintiff summary judgment against the defendant and such order for judgment may not be disturbed. The only appeal before this court is from that part of the order which stays execution for ten days to permit the defendant to serve an amended answer. The defendant’s time to amend, of course, had expired. The court had no authority to grant defendant permission to serve an amended answer, upon mere request of counsel, and to stay execution pending such service. All concur. (The portion of the order appealed from allows a stay of execution.) Present — Taylor, P. J., McCurn, Love, Vaughan and Kimball, JJ.

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Memorandum: There is no appeal from that part of the order granting plaintiff summary judgment against the defendant and such order for judgment may not be disturbed. The only appeal before this court is from that part of the order which stays execution for ten days to permit the defendant to serve an amended answer. The defendant’s time to amend, of course, had expired. The court had no authority to grant defendant permission to serve an amended answer, upon mere request of counsel, and to stay execution pending such service. All concur. (The portion of the order appealed from allows a stay of execution.) Present — Taylor, P. J., McCurn, Love, Vaughan and Kimball, JJ.

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Bluebook (online)

275 A.D.2d 900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hardwick-v-gardiner-nyappdiv-1949.