Ramirez v. Supermarkets General Corp.

Appellate Division of the Supreme Court of New York

Ramirez v. Supermarkets General Corp.

97 A.D.2d 460, 468 N.Y.S.2d 575, 1983 N.Y. App. Div. LEXIS 20054

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

DecidedOctober 17, 1983

StatusPublished

This text of 97 A.D.2d 460 (Ramirez v. Supermarkets General Corp.) 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

Ramirez v. Supermarkets General Corp., 97 A.D.2d 460, 468 N.Y.S.2d 575, 1983 N.Y. App. Div. LEXIS 20054 (N.Y. Ct. App. 1983).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, etc., the defendant Supermarkets General Corp. appeals from an order of the Supreme Court, Suffolk County (Jones, J.), which granted plaintiffs’ motion for leave to restore the action to the Trial Calendar. Order modified by adding to the decretal paragraph thereof after the word “granted” the words “upon condition that plaintiffs’ attorneys personally pay $500 to the defendant Supermarkets General Corp”. As so modified, order affirmed, with costs to the appellant. The time to comply with said condition is extended until 20 days after service of a copy of the order to be made hereon, with notice of entry, upon plaintiffs’ attorneys. In the event that the condition is not complied with, then order reversed, as an exercise of discretion, with costs, and motion denied. Under the facts of this case Special Term should have imposed the foregoing condition upon granting plaintiffs’ motion for leave to restore the action to the Trial Calendar. Gibbons, J. P., Bracken, Brown and Niehoff, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., the defendant Supermarkets General Corp. appeals from an order of the Supreme Court, Suffolk County (Jones, J.), which granted plaintiffs’ motion for leave to restore the action to the Trial Calendar. Order modified by adding to the decretal paragraph thereof after the word “granted” the words “upon condition that plaintiffs’ attorneys personally pay $500 to the defendant Supermarkets General Corp”. As so modified, order affirmed, with costs to the appellant. The time to comply with said condition is extended until 20 days after service of a copy of the order to be made hereon, with notice of entry, upon plaintiffs’ attorneys. In the event that the condition is not complied with, then order reversed, as an exercise of discretion, with costs, and motion denied. Under the facts of this case Special Term should have imposed the foregoing condition upon granting plaintiffs’ motion for leave to restore the action to the Trial Calendar. Gibbons, J. P., Bracken, Brown and Niehoff, JJ., concur.

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Bluebook (online)

97 A.D.2d 460, 468 N.Y.S.2d 575, 1983 N.Y. App. Div. LEXIS 20054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramirez-v-supermarkets-general-corp-nyappdiv-1983.