Paramount Pictures Theatres Corp. v. Royster Drive-in Theatres, Inc.

Appellate Division of the Supreme Court of New York

Paramount Pictures Theatres Corp. v. Royster Drive-in Theatres, Inc.

18 A.D.2d 1082, 239 N.Y.S.2d 430, 1963 N.Y. App. Div. LEXIS 4065

Appellate Division of the Supreme Court of the State of New York·Decided April 1, 1963·Published

Opinion

Appeal by defendants Royster Drive-In Theatres, Inc., and Harry Royster from an order of the County Court, Dutchess County, dated November 9, 1962, which, inter alia, granted plaintiff’s cross motion for leave to serve a reply to a counterclaim pleaded in the second amended answer. The appeal was erroneously taken to this court. The Appellate Term of the Supreme Court in the Second Judicial Department is presently vested with the jurisdiction of such appeals from the County Court, Dutchess County. This appeal is, therefore, transferred to said Appellate Term of the Supreme Court (see N. Y. Const., art. VI, § 5, subd. b; § 8, subd. d; order No. 47 of this court, dated July 12, 1962). Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Hill, JJ., concur.

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Appeal by defendants Royster Drive-In Theatres, Inc., and Harry Royster from an order of the County Court, Dutchess County, dated November 9, 1962, which, inter alia, granted plaintiff’s cross motion for leave to serve a reply to a counterclaim pleaded in the second amended answer. The appeal was erroneously taken to this court. The Appellate Term of the Supreme Court in the Second Judicial Department is presently vested with the jurisdiction of such appeals from the County Court, Dutchess County. This appeal is, therefore, transferred to said Appellate Term of the Supreme Court (see N. Y. Const., art. VI, § 5, subd. b; § 8, subd. d; order No. 47 of this court, dated July 12, 1962). Ughetta, Acting P. J., Kleinfeld, Christ, Brennan and Hill, JJ., concur.

Paramount Pictures Theatres Corp. v. Royster Drive-in Theatres, Inc., 18 A.D.2d 1082, 239 N.Y.S.2d 430, 1963 N.Y. App. Div. LEXIS 4065 (N.Y. Ct. App. 1963).

Pincite

18 A.D.2d 1082 (Paramount Pictures Theatres Corp. v. Royster Drive-in Theatres, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.