Parietti v. City of New York

Appellate Division of the Supreme Court of New York

Parietti v. City of New York

111 A.D.2d 135, 489 N.Y.S.2d 515, 1985 N.Y. App. Div. LEXIS 51264

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

DecidedMay 28, 1985

StatusPublished

This text of 111 A.D.2d 135 (Parietti v. City of New York) 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

Parietti v. City of New York, 111 A.D.2d 135, 489 N.Y.S.2d 515, 1985 N.Y. App. Div. LEXIS 51264 (N.Y. Ct. App. 1985).

Pincite

Opinion

Order, Supreme Court, New York County (Wright, J.), entered February 10, 1984, denying plaintiff’s motion for summary judgment in an action to recover a certain rare coin and damages, modified, on the law, on the facts, and in the exercise of discretion, without costs, to join as a party to this action, pursuant to CPLR 1003, Flushing Coin Center, Inc. and otherwise affirmed.

We agree with Special Term that a factual issue as to the ownership of the rare coin in question, which is the subject matter of this action, is presented sufficient to justify denial of summary judgment to the plaintiff. However, the record indicates an adequate basis for joining, pursuant to CPLR 1003, Flushing Coin Center, Inc., as a necessary party. Concur — Sandler, J. P., Sullivan, Carro and Rosenberger, JJ.

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Order, Supreme Court, New York County (Wright, J.), entered February 10, 1984, denying plaintiff’s motion for summary judgment in an action to recover a certain rare coin and damages, modified, on the law, on the facts, and in the exercise of discretion, without costs, to join as a party to this action, pursuant to CPLR 1003, Flushing Coin Center, Inc. and otherwise affirmed.

We agree with Special Term that a factual issue as to the ownership of the rare coin in question, which is the subject matter of this action, is presented sufficient to justify denial of summary judgment to the plaintiff. However, the record indicates an adequate basis for joining, pursuant to CPLR 1003, Flushing Coin Center, Inc., as a necessary party. Concur — Sandler, J. P., Sullivan, Carro and Rosenberger, JJ.

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Bluebook (online)

111 A.D.2d 135, 489 N.Y.S.2d 515, 1985 N.Y. App. Div. LEXIS 51264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parietti-v-city-of-new-york-nyappdiv-1985.