J. J. Carroll, Inc. v. Waldbauer

Appellate Division of the Supreme Court of New York

J. J. Carroll, Inc. v. Waldbauer

18 A.D.2d 914, 238 N.Y.S.2d 510, 1963 N.Y. App. Div. LEXIS 4395

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

DecidedFebruary 11, 1963

StatusPublished

This text of 18 A.D.2d 914 (J. J. Carroll, Inc. v. Waldbauer) 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

J. J. Carroll, Inc. v. Waldbauer, 18 A.D.2d 914, 238 N.Y.S.2d 510, 1963 N.Y. App. Div. LEXIS 4395 (N.Y. Ct. App. 1963).

Pincite

Opinion

In a taxpayer’s action under section 51 of the General Municipal Law, to declare certain resolutions adopted by the Board of Trustees of the defendant Village of Patehogue to Be illegal and void, to enjoin proceedings to condemn certain real property, and for other relief, the plaintiffs appeal from the following three orders of the Supreme Court, Suffolk County: (1) An order dated June 14, 1962 which deified their motion for summary judgment; (2) an order dated September 28, 1961 which denied their motion for an injunction pendente lite; and (3) an order dated March 12, 1962 made upon reargument, which adhered to the original decision denying plaintiffs’ motion for an injunction pendente lite (see 219 N. Y. S. 2d 436). Appeal from order dated September 28, 1961 dismissed. Such order was superseded by the subsequent order of March 12, 1962, granting reargument and adhering to the original decision. Order of March 12, 1962 affirmed, with $10 costs and disbursements. Ho opinion. Order of June 14, 1962 affirmed, with $10 costs and disbursements. In our opinion, triable issues of fact are presented which preclude the [915]*915granting of summary judgment. Beldoek, P. J., Kleinfeld, Christ and Hopkins, JJ., concur; Hill, J., not voting.

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In a taxpayer’s action under section 51 of the General Municipal Law, to declare certain resolutions adopted by the Board of Trustees of the defendant Village of Patehogue to Be illegal and void, to enjoin proceedings to condemn certain real property, and for other relief, the plaintiffs appeal from the following three orders of the Supreme Court, Suffolk County: (1) An order dated June 14, 1962 which deified their motion for summary judgment; (2) an order dated September 28, 1961 which denied their motion for an injunction pendente lite; and (3) an order dated March 12, 1962 made upon reargument, which adhered to the original decision denying plaintiffs’ motion for an injunction pendente lite (see 219 N. Y. S. 2d 436). Appeal from order dated September 28, 1961 dismissed. Such order was superseded by the subsequent order of March 12, 1962, granting reargument and adhering to the original decision. Order of March 12, 1962 affirmed, with $10 costs and disbursements. Ho opinion. Order of June 14, 1962 affirmed, with $10 costs and disbursements. In our opinion, triable issues of fact are presented which preclude the [915]*915granting of summary judgment. Beldoek, P. J., Kleinfeld, Christ and Hopkins, JJ., concur; Hill, J., not voting.

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Bluebook (online)

18 A.D.2d 914, 238 N.Y.S.2d 510, 1963 N.Y. App. Div. LEXIS 4395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-j-carroll-inc-v-waldbauer-nyappdiv-1963.