Natal v. Guido

Appellate Terms of the Supreme Court of New York

Natal v. Guido

38 Misc. 2d 610, 239 N.Y.S.2d 1021, 1962 N.Y. Misc. LEXIS 2535

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 3, 1962

StatusPublished

This text of 38 Misc. 2d 610 (Natal v. Guido) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Natal v. Guido, 38 Misc. 2d 610, 239 N.Y.S.2d 1021, 1962 N.Y. Misc. LEXIS 2535 (N.Y. Ct. App. 1962).

Pincite

Opinion

Per Curiam.

Order modified to the extent that that portion of the ordering provision which reads £i unless plaintiff executes a stipulation transferring the above entitled action to the Municipal Court within ten days after entry and service of this order ” is stricken, and as so modified, the order is affirmed, with $10 costs and taxable disbursements. The granting of the motion upon the provision stated was an improvident exercise of discretion. The issue as to whether an action is required to be [611]*611transferred to a lower court depends upon the nature of the injuries involved. Nothing in the record indicates that the court below reviewed the injuries.

Concur — Hart, Di Giovanna and Brown, JJ.

Order modified, etc.

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Per Curiam.

Order modified to the extent that that portion of the ordering provision which reads £i unless plaintiff executes a stipulation transferring the above entitled action to the Municipal Court within ten days after entry and service of this order ” is stricken, and as so modified, the order is affirmed, with $10 costs and taxable disbursements. The granting of the motion upon the provision stated was an improvident exercise of discretion. The issue as to whether an action is required to be [611]*611transferred to a lower court depends upon the nature of the injuries involved. Nothing in the record indicates that the court below reviewed the injuries.

Concur — Hart, Di Giovanna and Brown, JJ.

Order modified, etc.

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Bluebook (online)

38 Misc. 2d 610, 239 N.Y.S.2d 1021, 1962 N.Y. Misc. LEXIS 2535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/natal-v-guido-nyappterm-1962.