Olsen & Chapman Construction Co. v. Village of Cazenovia

Appellate Division of the Supreme Court of New York

Olsen & Chapman Construction Co. v. Village of Cazenovia

30 A.D.2d 738, 291 N.Y.S.2d 388, 1968 N.Y. App. Div. LEXIS 3588

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

DecidedJune 27, 1968

StatusPublished

This text of 30 A.D.2d 738 (Olsen & Chapman Construction Co. v. Village of Cazenovia) 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

Olsen & Chapman Construction Co. v. Village of Cazenovia, 30 A.D.2d 738, 291 N.Y.S.2d 388, 1968 N.Y. App. Div. LEXIS 3588 (N.Y. Ct. App. 1968).

Pincite

Opinion

Memorandum by the Court.

Appeal by the individual defendants from an order of Special Term permitting the respondent plaintiff to serve a reply. The answer of the appellants does not contain a designated counterclaim and thus, a reply was not required pursuant to CPLR 3011. It does not appear that the so-called reply would serve any legitimate function in the law suit and, accordingly, does not come within the last sentence of CPLR 3011. Order reversed, on the law and the facts, without costs, and motion denied. Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur in memorandum by the court.

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Memorandum by the Court.

Appeal by the individual defendants from an order of Special Term permitting the respondent plaintiff to serve a reply. The answer of the appellants does not contain a designated counterclaim and thus, a reply was not required pursuant to CPLR 3011. It does not appear that the so-called reply would serve any legitimate function in the law suit and, accordingly, does not come within the last sentence of CPLR 3011. Order reversed, on the law and the facts, without costs, and motion denied. Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur in memorandum by the court.

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Bluebook (online)

30 A.D.2d 738, 291 N.Y.S.2d 388, 1968 N.Y. App. Div. LEXIS 3588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olsen-chapman-construction-co-v-village-of-cazenovia-nyappdiv-1968.