North American Foreign Trading Corp. v. Rosen

Appellate Division of the Supreme Court of New York

North American Foreign Trading Corp. v. Rosen

73 A.D.2d 883, 424 N.Y.S.2d 8, 1980 N.Y. App. Div. LEXIS 9788

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

DecidedJanuary 22, 1980

StatusPublished

This text of 73 A.D.2d 883 (North American Foreign Trading Corp. v. Rosen) 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

North American Foreign Trading Corp. v. Rosen, 73 A.D.2d 883, 424 N.Y.S.2d 8, 1980 N.Y. App. Div. LEXIS 9788 (N.Y. Ct. App. 1980).

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Opinion

— Appeal from order, Supreme Court, New York County, entered March 27, 1979, unanimously dismissed as nonappealable and the matter remanded for decision of the underlying motion, without costs or disbursements. Had we reached the merits on the basis of the present record, we would have granted the motion to confirm the arbitration [884]*884award. As conceded on argument, however, Special Term had the absolute right to take evidence at a hearing in furtherance of a decision on the motion before the court. The court, feeling the need for such additional evidence, exercised its personal discretion. Inasumch as the Special Term Justice has retired from the Bench since the order was made, we must indicate that the successor court will make its own decision as to the need for a hearing in proceeding to decide the motion. Concur—Fein, J. P., Sullivan, Bloom and Markewich, JJ.

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— Appeal from order, Supreme Court, New York County, entered March 27, 1979, unanimously dismissed as nonappealable and the matter remanded for decision of the underlying motion, without costs or disbursements. Had we reached the merits on the basis of the present record, we would have granted the motion to confirm the arbitration [884]*884award. As conceded on argument, however, Special Term had the absolute right to take evidence at a hearing in furtherance of a decision on the motion before the court. The court, feeling the need for such additional evidence, exercised its personal discretion. Inasumch as the Special Term Justice has retired from the Bench since the order was made, we must indicate that the successor court will make its own decision as to the need for a hearing in proceeding to decide the motion. Concur—Fein, J. P., Sullivan, Bloom and Markewich, JJ.

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Bluebook (online)

73 A.D.2d 883, 424 N.Y.S.2d 8, 1980 N.Y. App. Div. LEXIS 9788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-american-foreign-trading-corp-v-rosen-nyappdiv-1980.