Lindberg v. Griffin

Appellate Division of the Supreme Court of New York

Lindberg v. Griffin

76 A.D.2d 883, 428 N.Y.S.2d 719, 1980 N.Y. App. Div. LEXIS 11960

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

DecidedJune 16, 1980

StatusPublished

This text of 76 A.D.2d 883 (Lindberg v. Griffin) 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

Lindberg v. Griffin, 76 A.D.2d 883, 428 N.Y.S.2d 719, 1980 N.Y. App. Div. LEXIS 11960 (N.Y. Ct. App. 1980).

Pincite

Opinion

In a shareholder’s derivative action, inter alia, to enjoin the acquisition of the stock and assets of the defendants Canarsie Courier, Inc., and Brooklyn Times Corporation, defendant Brooklyn Times Corporation appeals from so much of an order of the Supreme Court, Nassau County, dated July 10, 1979, as, upon said defendant’s motion to vacate an order of discontinuance and plaintiffs cross motion to dismiss the counterclaims of said defendant, directed that plaintiff, although in default of his answer, to answer the counterclaims. Order affirmed insofar as appealed from, with $50 costs and disbursements. Plaintiffs time to answer is extended until 20 days after service upon him of a copy of the order to be made hereon, together with notice of entry thereof. We reject defendant Brooklyn Times Corporation’s contention that Special Term was without power to direct that plaintiff answer the counterclaims, where the plaintiff was in default in answering and the cross motion asked only that [884]*884the counterclaims be dismissed. It was logically consistent, upon denial of the cross motion to dismiss the counterclaims, to permit an answer to be served. Mangano, J. P., Gibbons, Rabin and Gulotta, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a shareholder’s derivative action, inter alia, to enjoin the acquisition of the stock and assets of the defendants Canarsie Courier, Inc., and Brooklyn Times Corporation, defendant Brooklyn Times Corporation appeals from so much of an order of the Supreme Court, Nassau County, dated July 10, 1979, as, upon said defendant’s motion to vacate an order of discontinuance and plaintiffs cross motion to dismiss the counterclaims of said defendant, directed that plaintiff, although in default of his answer, to answer the counterclaims. Order affirmed insofar as appealed from, with $50 costs and disbursements. Plaintiffs time to answer is extended until 20 days after service upon him of a copy of the order to be made hereon, together with notice of entry thereof. We reject defendant Brooklyn Times Corporation’s contention that Special Term was without power to direct that plaintiff answer the counterclaims, where the plaintiff was in default in answering and the cross motion asked only that [884]*884the counterclaims be dismissed. It was logically consistent, upon denial of the cross motion to dismiss the counterclaims, to permit an answer to be served. Mangano, J. P., Gibbons, Rabin and Gulotta, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

76 A.D.2d 883, 428 N.Y.S.2d 719, 1980 N.Y. App. Div. LEXIS 11960, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lindberg-v-griffin-nyappdiv-1980.