Koenig v. Bancroft Haberdashers, Inc.

Appellate Division of the Supreme Court of New York

Koenig v. Bancroft Haberdashers, Inc.

80 A.D.2d 528, 436 N.Y.S.2d 992, 1981 N.Y. App. Div. LEXIS 10172

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

DecidedFebruary 19, 1981

StatusPublished

This text of 80 A.D.2d 528 (Koenig v. Bancroft Haberdashers, 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

Koenig v. Bancroft Haberdashers, Inc., 80 A.D.2d 528, 436 N.Y.S.2d 992, 1981 N.Y. App. Div. LEXIS 10172 (N.Y. Ct. App. 1981).

Pincite

Opinion

Order, Supreme Court, New York County, entered on March '4, 1980, conditionally granting plaintiffs’ motion to strike the answer herein, unanimously modified, on the facts and in the exercise of discretion, with costs to appellants, so as to add the further condition that defendant pay costs of $500 to plaintiffs within 20 days after service of a copy of this court’s order with notice of entry thereof. Upon defendant’s failure to comply with the conditions imposed herein and by Special Term, said order is unanimously modified, on the law, the facts and in the exercise of discretion, and the motion to strike defendant’s answer unconditionally granted, with costs to appellants. It is clear that defendant has engaged in unnecessary and apparently deliberate delaying tactics. Hence, costs as indicated above are imposed. Concur — Kupferman, J. P., Carro, Lupiano, Fein and Lynch, JJ.

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Order, Supreme Court, New York County, entered on March '4, 1980, conditionally granting plaintiffs’ motion to strike the answer herein, unanimously modified, on the facts and in the exercise of discretion, with costs to appellants, so as to add the further condition that defendant pay costs of $500 to plaintiffs within 20 days after service of a copy of this court’s order with notice of entry thereof. Upon defendant’s failure to comply with the conditions imposed herein and by Special Term, said order is unanimously modified, on the law, the facts and in the exercise of discretion, and the motion to strike defendant’s answer unconditionally granted, with costs to appellants. It is clear that defendant has engaged in unnecessary and apparently deliberate delaying tactics. Hence, costs as indicated above are imposed. Concur — Kupferman, J. P., Carro, Lupiano, Fein and Lynch, JJ.

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Bluebook (online)

80 A.D.2d 528, 436 N.Y.S.2d 992, 1981 N.Y. App. Div. LEXIS 10172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koenig-v-bancroft-haberdashers-inc-nyappdiv-1981.