La Ruea v. General Sportwear Co.

Appellate Division of the Supreme Court of New York

La Ruea v. General Sportwear Co.

16 A.D.2d 677, 227 N.Y.S.2d 225, 1962 N.Y. App. Div. LEXIS 10297

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

DecidedApril 16, 1962

StatusPublished

This text of 16 A.D.2d 677 (La Ruea v. General Sportwear Co.) 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

La Ruea v. General Sportwear Co., 16 A.D.2d 677, 227 N.Y.S.2d 225, 1962 N.Y. App. Div. LEXIS 10297 (N.Y. Ct. App. 1962).

Pincite

Opinion

In an action to recover damages for breach of contract, defendants appeal from an order of the Supreme Court, Bangs County, dated March 2, 1961, which: (1) granted plaintiff’s motion for leave to renew and reconsider defendants’ motion for change of venue from Kings County to Ulster County; (2) recalled and vacated a prior decision and order of said court, dated December 19, 1960, granting defendants’ said motion for a change of venue; and (3) referred the motion to an Official Referee “to hear and determine if the parties so agree, otherwise to hear and report.” Appeal dismissed, without costs. In our opinion, the order is essentially an order referring the motion to an Official Referee to hear and report; such an order is not appealable (Matter of Hipp, 282 App. Div. 880). Moreover, the provisions contained in this order granting reconsideration of the motion for change of [678]*678venue and recalling and vacating the prior order, without further passing upon the merits of the main motion, do not serve to make the order appealable (see Civ. Prac. Act, § 609); such provisions are purely administrative and in the nature of rulings during the course of a trial. This order is to be distinguished from an order determining the merits upon reconsideration based on additional or new facts (cf. Van Valkenburgh v. Lutz, 6 A D 2d 812). Beldock, P. J., Ughetta, Christ, Hill and Hopkins, JJ., concur.

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In an action to recover damages for breach of contract, defendants appeal from an order of the Supreme Court, Bangs County, dated March 2, 1961, which: (1) granted plaintiff’s motion for leave to renew and reconsider defendants’ motion for change of venue from Kings County to Ulster County; (2) recalled and vacated a prior decision and order of said court, dated December 19, 1960, granting defendants’ said motion for a change of venue; and (3) referred the motion to an Official Referee “to hear and determine if the parties so agree, otherwise to hear and report.” Appeal dismissed, without costs. In our opinion, the order is essentially an order referring the motion to an Official Referee to hear and report; such an order is not appealable (Matter of Hipp, 282 App. Div. 880). Moreover, the provisions contained in this order granting reconsideration of the motion for change of [678]*678venue and recalling and vacating the prior order, without further passing upon the merits of the main motion, do not serve to make the order appealable (see Civ. Prac. Act, § 609); such provisions are purely administrative and in the nature of rulings during the course of a trial. This order is to be distinguished from an order determining the merits upon reconsideration based on additional or new facts (cf. Van Valkenburgh v. Lutz, 6 A D 2d 812). Beldock, P. J., Ughetta, Christ, Hill and Hopkins, JJ., concur.

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Bluebook (online)

16 A.D.2d 677, 227 N.Y.S.2d 225, 1962 N.Y. App. Div. LEXIS 10297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/la-ruea-v-general-sportwear-co-nyappdiv-1962.