I. Appell Corp. v. Crocker Commercial Services, Inc.

Appellate Division of the Supreme Court of New York

I. Appell Corp. v. Crocker Commercial Services, Inc.

155 A.D.2d 331

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

DecidedNovember 16, 1989

StatusPublished

Cited by1 cases

This text of 155 A.D.2d 331 (I. Appell Corp. v. Crocker Commercial Services, Inc.) 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

I. Appell Corp. v. Crocker Commercial Services, Inc., 155 A.D.2d 331 (N.Y. Ct. App. 1989).

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Opinion

The motion to reargue is granted and upon reargument the order of the Appellate Division, First Department, filed January 10, 1989 [146 AD2d 472], which reversed an order of the motion court, granted summary judgment to the defendant and denied plaintiff leave to amend the complaint, is vacated and the appeal held in abeyance. The matter is remanded to the motion court in order that plaintiff may make an application for relief based on newly discovered evidence.

Such application is to be made within 45 days after the entry of this order. This order is not to be construed to mean that this court is taking a position on the merits of such application. Concur — Kupferman, J. P., Sullivan, Kassal, Ellerin and Smith, JJ.

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The motion to reargue is granted and upon reargument the order of the Appellate Division, First Department, filed January 10, 1989 [146 AD2d 472], which reversed an order of the motion court, granted summary judgment to the defendant and denied plaintiff leave to amend the complaint, is vacated and the appeal held in abeyance. The matter is remanded to the motion court in order that plaintiff may make an application for relief based on newly discovered evidence.

Such application is to be made within 45 days after the entry of this order. This order is not to be construed to mean that this court is taking a position on the merits of such application. Concur — Kupferman, J. P., Sullivan, Kassal, Ellerin and Smith, JJ.

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155 A.D.2d 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/i-appell-corp-v-crocker-commercial-services-inc-nyappdiv-1989.

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