Medical Arts Office Services, Inc. v. St. Paul's Realty Corp.

Appellate Division of the Supreme Court of New York

Medical Arts Office Services, Inc. v. St. Paul's Realty Corp.

73 A.D.2d 664, 423 N.Y.S.2d 203, 1979 N.Y. App. Div. LEXIS 14509

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

DecidedDecember 24, 1979

StatusPublished

This text of 73 A.D.2d 664 (Medical Arts Office Services, Inc. v. St. Paul's Realty 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

Medical Arts Office Services, Inc. v. St. Paul's Realty Corp., 73 A.D.2d 664, 423 N.Y.S.2d 203, 1979 N.Y. App. Div. LEXIS 14509 (N.Y. Ct. App. 1979).

Pincite

Opinion

by defendant from an order of the Supreme Court, Nassau County, dated May 8,1978, which denied its motion, inter alia, to direct the plaintiff or the Sheriff of Nassau County to pay the defendant $2,797.17 for poundage advanced. Order reversed, without costs or disbursements, and matter remanded to Special Term for retaxation of costs and disbursements in the action in accordance herewith, by a Justice other than the one from whose order the appeal emanates. The delay in making this motion for reimbursement of costs expended by the defendant corpora[665]*665tion, which ultimately prevailed at trial, does not give rise to a defense of waiver or laches. The record indicates that defendant changed its attorney during this period of eight months and the new attorney first sought reimbursement from the Sheriff. Moreover, plaintiff was on notice from a prior order of Special Term that defendant would be entitled to reimbursement of costs if it secured a verdict in its favor. Lazer, J. P., Gulotta, Cohalan and Gibbons, JJ., concur.

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by defendant from an order of the Supreme Court, Nassau County, dated May 8,1978, which denied its motion, inter alia, to direct the plaintiff or the Sheriff of Nassau County to pay the defendant $2,797.17 for poundage advanced. Order reversed, without costs or disbursements, and matter remanded to Special Term for retaxation of costs and disbursements in the action in accordance herewith, by a Justice other than the one from whose order the appeal emanates. The delay in making this motion for reimbursement of costs expended by the defendant corpora[665]*665tion, which ultimately prevailed at trial, does not give rise to a defense of waiver or laches. The record indicates that defendant changed its attorney during this period of eight months and the new attorney first sought reimbursement from the Sheriff. Moreover, plaintiff was on notice from a prior order of Special Term that defendant would be entitled to reimbursement of costs if it secured a verdict in its favor. Lazer, J. P., Gulotta, Cohalan and Gibbons, JJ., concur.

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Bluebook (online)

73 A.D.2d 664, 423 N.Y.S.2d 203, 1979 N.Y. App. Div. LEXIS 14509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/medical-arts-office-services-inc-v-st-pauls-realty-corp-nyappdiv-1979.