Lohfink v. Friends Industries, Inc.

Appellate Division of the Supreme Court of New York

Lohfink v. Friends Industries, Inc.

62 A.D.2d 1014, 404 N.Y.S.2d 541, 1978 N.Y. App. Div. LEXIS 11064

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

DecidedApril 10, 1978

StatusPublished

This text of 62 A.D.2d 1014 (Lohfink v. Friends Industries, 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

Lohfink v. Friends Industries, Inc., 62 A.D.2d 1014, 404 N.Y.S.2d 541, 1978 N.Y. App. Div. LEXIS 11064 (N.Y. Ct. App. 1978).

Pincite

Opinion

In an action, inter alia, to recover damages for breach of contract and unjust enrichment, defendants Friends Industries, Inc., and Patricia Dank appeal from (1) so much of an order of the Supreme Court, Westchester County, entered November 16, 1977, as denied the corporate defendant’s motion to strike a set of written interrogatories served upon it by the plaintiff and (2) a further order of the same court, entered December 30, 1977, which (a) granted plaintiff’s motion pursuant to CPLR 3126 to the extent of requiring the corporate defendant to answer the interrogatories within 15 days from the service upon it of a copy of said order together with notice of entry thereof and (b) denied the corporate defendant’s motion for a stay. The appeals by defendant Patricia Dank from both orders are dismissed for lack of standing (see CPLR 5511). On the appeals by defendant Friends Industries, Inc., orders affirmed, with one bill of $50 costs and disbursements to plaintiff to cover both appeals, payable jointly by defendants-appellants. The 15-day period specified in the order entered December 30, 1977 shall commence with the service -upon the corporate defendant of a copy of the order to be made hereon, with notice of entry thereof. No opinion. Latham, J. P., Gulotta, Margett and Hawkins, JJ., concur.

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In an action, inter alia, to recover damages for breach of contract and unjust enrichment, defendants Friends Industries, Inc., and Patricia Dank appeal from (1) so much of an order of the Supreme Court, Westchester County, entered November 16, 1977, as denied the corporate defendant’s motion to strike a set of written interrogatories served upon it by the plaintiff and (2) a further order of the same court, entered December 30, 1977, which (a) granted plaintiff’s motion pursuant to CPLR 3126 to the extent of requiring the corporate defendant to answer the interrogatories within 15 days from the service upon it of a copy of said order together with notice of entry thereof and (b) denied the corporate defendant’s motion for a stay. The appeals by defendant Patricia Dank from both orders are dismissed for lack of standing (see CPLR 5511). On the appeals by defendant Friends Industries, Inc., orders affirmed, with one bill of $50 costs and disbursements to plaintiff to cover both appeals, payable jointly by defendants-appellants. The 15-day period specified in the order entered December 30, 1977 shall commence with the service -upon the corporate defendant of a copy of the order to be made hereon, with notice of entry thereof. No opinion. Latham, J. P., Gulotta, Margett and Hawkins, JJ., concur.

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Bluebook (online)

62 A.D.2d 1014, 404 N.Y.S.2d 541, 1978 N.Y. App. Div. LEXIS 11064, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lohfink-v-friends-industries-inc-nyappdiv-1978.