Petrossi Asphalt Corp. v. Scagliola

Appellate Division of the Supreme Court of New York

Petrossi Asphalt Corp. v. Scagliola

5 A.D.2d 805, 170 N.Y.S.2d 128, 1958 N.Y. App. Div. LEXIS 7178

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

DecidedJanuary 22, 1958

StatusPublished

This text of 5 A.D.2d 805 (Petrossi Asphalt Corp. v. Scagliola) 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

Petrossi Asphalt Corp. v. Scagliola, 5 A.D.2d 805, 170 N.Y.S.2d 128, 1958 N.Y. App. Div. LEXIS 7178 (N.Y. Ct. App. 1958).

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Opinion

Order affirmed, without costs of this appeal to either party. Memorandum: The provision of the ex parte order of April 11, 1947 purporting to discontinue the action was plainly improper. We do not reach the question of whether the action was ever instituted by service of the summons and complaint, or whether the action should be deemed abandoned. All concur, Goldman, J., not participating. (Appeal from an order of Monroe County Court granting a motion by plaintiff to modify an ex parte order in 1947, which ex parte order discontinued the action.)

Present — Kimball, J. P., Williams, Bastow, Goldman and Halpern, JJ.

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Order affirmed, without costs of this appeal to either party. Memorandum: The provision of the ex parte order of April 11, 1947 purporting to discontinue the action was plainly improper. We do not reach the question of whether the action was ever instituted by service of the summons and complaint, or whether the action should be deemed abandoned. All concur, Goldman, J., not participating. (Appeal from an order of Monroe County Court granting a motion by plaintiff to modify an ex parte order in 1947, which ex parte order discontinued the action.)

Present — Kimball, J. P., Williams, Bastow, Goldman and Halpern, JJ.

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Bluebook (online)

5 A.D.2d 805, 170 N.Y.S.2d 128, 1958 N.Y. App. Div. LEXIS 7178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petrossi-asphalt-corp-v-scagliola-nyappdiv-1958.