Long Island Institutional Equipment Co. v. Dibblee

Appellate Division of the Supreme Court of New York

Long Island Institutional Equipment Co. v. Dibblee

283 A.D. 1074, 131 N.Y.S.2d 895, 1954 N.Y. App. Div. LEXIS 6355

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

DecidedJune 7, 1954

StatusPublished

This text of 283 A.D. 1074 (Long Island Institutional Equipment Co. v. Dibblee) 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

Long Island Institutional Equipment Co. v. Dibblee, 283 A.D. 1074, 131 N.Y.S.2d 895, 1954 N.Y. App. Div. LEXIS 6355 (N.Y. Ct. App. 1954).

Pincite

Opinion

In a consolidated action the affirmative cross claims of the parties were dismissed on the merits after trial. The order of consolidation provides that the caption of the action be as stated above but that respondents be given the right to open and close. No reservation as to the disposition of costs was made. The appellant contends that in the consolidated action the respondents were the plaintiffs and that appellant is to be deemed to have interposed a counterclaim; and that inasmuch as the respondents, as plaintiffs, did not sustain their causes of action, the appellant is entitled to costs of course. The judgment provides for dismissal of appellant’s complaint on the merits and awards costs to appellant against respondents. The order on appeal strikes the award of costs from the judgment. Order affirmed, without costs. No opinion. Nolan, P. J., Adel, MacCrate, Beldock and Murphy, JJ., concur.

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In a consolidated action the affirmative cross claims of the parties were dismissed on the merits after trial. The order of consolidation provides that the caption of the action be as stated above but that respondents be given the right to open and close. No reservation as to the disposition of costs was made. The appellant contends that in the consolidated action the respondents were the plaintiffs and that appellant is to be deemed to have interposed a counterclaim; and that inasmuch as the respondents, as plaintiffs, did not sustain their causes of action, the appellant is entitled to costs of course. The judgment provides for dismissal of appellant’s complaint on the merits and awards costs to appellant against respondents. The order on appeal strikes the award of costs from the judgment. Order affirmed, without costs. No opinion. Nolan, P. J., Adel, MacCrate, Beldock and Murphy, JJ., concur.

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Bluebook (online)

283 A.D. 1074, 131 N.Y.S.2d 895, 1954 N.Y. App. Div. LEXIS 6355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-island-institutional-equipment-co-v-dibblee-nyappdiv-1954.