Marshall v. 332 East 149th Street Corp.

Appellate Division of the Supreme Court of New York

Marshall v. 332 East 149th Street Corp.

48 A.D.2d 643, 371 N.Y.S.2d 1010, 1975 N.Y. App. Div. LEXIS 9640

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

DecidedMay 27, 1975

StatusPublished

This text of 48 A.D.2d 643 (Marshall v. 332 East 149th Street 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

Marshall v. 332 East 149th Street Corp., 48 A.D.2d 643, 371 N.Y.S.2d 1010, 1975 N.Y. App. Div. LEXIS 9640 (N.Y. Ct. App. 1975).

Pincite

Opinion

Order, Supreme Court, New York County, entered November 18,1974, granting plaintiff’s motion to transfer a Civil Court action to the Supreme Court and increasing the ad damnum clause, unanimously reversed, on the law and the facts, and the motion and transfer denied, without costs and without disbursements. This action was commenced and issue joined in 1970, based on the plaintiffs claim that a fluorescent light fixture struck her on the head at her place of employment. It was previously stated on behalf of the plaintiff that the matter had been evaluated and a determination made that it did not warrant transfer to the Supreme Court. The merits submitted for a transfer at this time do not meet the criteria and standards set forth in Ferrari v Paramount Plumbing & Heating Co. (20 AD2d 878), and the transfer at this [644]*644late date was an abuse of discretion. Concur—Kupferman, J. P., Lupiano, Tilzer, Lane and Nunez, JJ.

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Order, Supreme Court, New York County, entered November 18,1974, granting plaintiff’s motion to transfer a Civil Court action to the Supreme Court and increasing the ad damnum clause, unanimously reversed, on the law and the facts, and the motion and transfer denied, without costs and without disbursements. This action was commenced and issue joined in 1970, based on the plaintiffs claim that a fluorescent light fixture struck her on the head at her place of employment. It was previously stated on behalf of the plaintiff that the matter had been evaluated and a determination made that it did not warrant transfer to the Supreme Court. The merits submitted for a transfer at this time do not meet the criteria and standards set forth in Ferrari v Paramount Plumbing & Heating Co. (20 AD2d 878), and the transfer at this [644]*644late date was an abuse of discretion. Concur—Kupferman, J. P., Lupiano, Tilzer, Lane and Nunez, JJ.

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Bluebook (online)

48 A.D.2d 643, 371 N.Y.S.2d 1010, 1975 N.Y. App. Div. LEXIS 9640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marshall-v-332-east-149th-street-corp-nyappdiv-1975.

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