RKO General, Inc. v. Cinema-Vue Corp.

Appellate Division of the Supreme Court of New York

RKO General, Inc. v. Cinema-Vue Corp.

46 A.D.2d 763, 362 N.Y.S.2d 821, 1974 N.Y. App. Div. LEXIS 3607

Appellate Division of the Supreme Court of the State of New York·Decided November 19, 1974·Published

Opinion

Order, Supreme Court, New York County, entered on March 11, 1974, affirmed. Respondents shall recover of appellants $40 costs and disbursements of this appeal. The motion of third-party plaintiffs-respondents to dismiss the appeal is denied, and the motion of third-party defendants-appellants to delete from the record pages RA-6-17 “Handwriting Analysis,” is granted, said motions having been renewed on argument of the appeal. Concur — Kupferman, J. P., Lupiano and Steuer, JJ.; Capozzoli and Lane, JJ., dissent in part in the following memorandum by Lane, J.: While I am in agreement with the majority of this court that the default judgment entered was not jurisdictionally defective, I nonetheless would remand this matter to Trial Term solely for the purpose of conducting a hearing on the assessment of damages (CPLR 3215, subd. [b]).

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Order, Supreme Court, New York County, entered on March 11, 1974, affirmed. Respondents shall recover of appellants $40 costs and disbursements of this appeal. The motion of third-party plaintiffs-respondents to dismiss the appeal is denied, and the motion of third-party defendants-appellants to delete from the record pages RA-6-17 “Handwriting Analysis,” is granted, said motions having been renewed on argument of the appeal. Concur — Kupferman, J. P., Lupiano and Steuer, JJ.; Capozzoli and Lane, JJ., dissent in part in the following memorandum by Lane, J.: While I am in agreement with the majority of this court that the default judgment entered was not jurisdictionally defective, I nonetheless would remand this matter to Trial Term solely for the purpose of conducting a hearing on the assessment of damages (CPLR 3215, subd. [b]).

RKO General, Inc. v. Cinema-Vue Corp., 46 A.D.2d 763, 362 N.Y.S.2d 821, 1974 N.Y. App. Div. LEXIS 3607 (N.Y. Ct. App. 1974).

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46 A.D.2d 763 (RKO General, Inc. v. Cinema-Vue Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.