Louis Joy Corp. v. Boris Breslow Corp.

Appellate Division of the Supreme Court of New York

Louis Joy Corp. v. Boris Breslow Corp.

133 A.D.2d 62, 518 N.Y.S.2d 941, 1987 N.Y. App. Div. LEXIS 49587

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

DecidedAugust 27, 1987

StatusPublished

This text of 133 A.D.2d 62 (Louis Joy Corp. v. Boris Breslow Corp.) 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

Louis Joy Corp. v. Boris Breslow Corp., 133 A.D.2d 62, 518 N.Y.S.2d 941, 1987 N.Y. App. Div. LEXIS 49587 (N.Y. Ct. App. 1987).

Pincite

Opinion

Order of the Supreme Court, Bronx County (Anita R. Florio, J.), entered November 21, 1986, which granted a motion to reargue an order of the court entered September 24, 1986, granting plaintiffs motion to direct that defendant appear for a further examination before trial, but adhering to the prior determination, unanimously reversed, on consent of the plaintiff-respondent, without costs, and the motion of the plaintiff directing defendant to appear for a further examination is denied.

Appeal from the order of the Supreme Court, Bronx County (Anita R. Florio, J.), entered September 24, 1986, is dismissed as superseded by the appeal from the above order, without costs.

Under circumstances not necessary to detail here, the court granted plaintiff-respondent’s request to direct defendant, previously deposed, to appear for a further examination before trial. In a letter to this court, counsel for plaintiff-respondent informs us that plaintiff-respondent is not contesting this appeal, and had indicated its willingness to enter into a stipulation withdrawing its application for leave for a further examination before trial. Accordingly, the order granting the further examination before trial should be vacated. Concur— Sandler, J. P., Ross, Milonas, Kassal and Smith, JJ.

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Order of the Supreme Court, Bronx County (Anita R. Florio, J.), entered November 21, 1986, which granted a motion to reargue an order of the court entered September 24, 1986, granting plaintiffs motion to direct that defendant appear for a further examination before trial, but adhering to the prior determination, unanimously reversed, on consent of the plaintiff-respondent, without costs, and the motion of the plaintiff directing defendant to appear for a further examination is denied.

Appeal from the order of the Supreme Court, Bronx County (Anita R. Florio, J.), entered September 24, 1986, is dismissed as superseded by the appeal from the above order, without costs.

Under circumstances not necessary to detail here, the court granted plaintiff-respondent’s request to direct defendant, previously deposed, to appear for a further examination before trial. In a letter to this court, counsel for plaintiff-respondent informs us that plaintiff-respondent is not contesting this appeal, and had indicated its willingness to enter into a stipulation withdrawing its application for leave for a further examination before trial. Accordingly, the order granting the further examination before trial should be vacated. Concur— Sandler, J. P., Ross, Milonas, Kassal and Smith, JJ.

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Bluebook (online)

133 A.D.2d 62, 518 N.Y.S.2d 941, 1987 N.Y. App. Div. LEXIS 49587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louis-joy-corp-v-boris-breslow-corp-nyappdiv-1987.