Jackson v. City of New York

Appellate Division of the Supreme Court of New York

Jackson v. City of New York

150 A.D.2d 640, 543 N.Y.S.2d 271, 1989 N.Y. App. Div. LEXIS 6932

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

DecidedMay 22, 1989

StatusPublished

This text of 150 A.D.2d 640 (Jackson v. City of New York) 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

Jackson v. City of New York, 150 A.D.2d 640, 543 N.Y.S.2d 271, 1989 N.Y. App. Div. LEXIS 6932 (N.Y. Ct. App. 1989).

Pincite

Opinion

In an action to recover damages for personal injuries, the plaintiffs appeal from (1) an order of the Supreme Court, Queens County (Lerner, J.), dated January 26, 1988, which denied the plaintiffs’ motion, inter alia, to compel the defendant Kinney Systems, Inc. to produce additional named witnesses for examination before trial, (2) an order of the same court, dated March 3, 1988, which denied the plaintiffs’ motion which was denominated as one for reargument/renewal, but in fact was for reargument, and (3) an order of the same court, dated May 10, 1988, which, inter alia, granted the motion of the defendant the City of New York to dismiss the complaint against it as time barred and granted the cross motion of the defendant Kinney Systems, Inc. for summary judgment dismissing the complaint and all cross claims against it.

Ordered that the appeal from the order dated January 26, 1988, is dismissed as academic; and it is further,

Ordered that the appeal from the order dated March 3, 1988, is dismissed as no appeal lies from an order denying reargument; and it is further,

Ordered that the order dated May 10, 1988, is affirmed for reasons stated by Lerner, J., at the Supreme Court; and it is further,

Ordered that one bill of costs is awarded to the respondents appearing separately and filing separate briefs. Lawrence, J. P., Kunzeman, Rubin and Kooper, JJ., concur.

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In an action to recover damages for personal injuries, the plaintiffs appeal from (1) an order of the Supreme Court, Queens County (Lerner, J.), dated January 26, 1988, which denied the plaintiffs’ motion, inter alia, to compel the defendant Kinney Systems, Inc. to produce additional named witnesses for examination before trial, (2) an order of the same court, dated March 3, 1988, which denied the plaintiffs’ motion which was denominated as one for reargument/renewal, but in fact was for reargument, and (3) an order of the same court, dated May 10, 1988, which, inter alia, granted the motion of the defendant the City of New York to dismiss the complaint against it as time barred and granted the cross motion of the defendant Kinney Systems, Inc. for summary judgment dismissing the complaint and all cross claims against it.

Ordered that the appeal from the order dated January 26, 1988, is dismissed as academic; and it is further,

Ordered that the appeal from the order dated March 3, 1988, is dismissed as no appeal lies from an order denying reargument; and it is further,

Ordered that the order dated May 10, 1988, is affirmed for reasons stated by Lerner, J., at the Supreme Court; and it is further,

Ordered that one bill of costs is awarded to the respondents appearing separately and filing separate briefs. Lawrence, J. P., Kunzeman, Rubin and Kooper, JJ., concur.

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Bluebook (online)

150 A.D.2d 640, 543 N.Y.S.2d 271, 1989 N.Y. App. Div. LEXIS 6932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-city-of-new-york-nyappdiv-1989.