Robert S. Smith Corp. v. Kraushaar

Appellate Division of the Supreme Court of New York

Robert S. Smith Corp. v. Kraushaar

263 A.D. 875, 32 N.Y.S.2d 257

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

DecidedJanuary 5, 1942

StatusPublished

This text of 263 A.D. 875 (Robert S. Smith Corp. v. Kraushaar) 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

Robert S. Smith Corp. v. Kraushaar, 263 A.D. 875, 32 N.Y.S.2d 257 (N.Y. Ct. App. 1942).

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Opinion

1 On argument, order referring to another justice of the Supreme Court for hearing and determination a motion made by defendant Kraushaar to cancel and discharge of record a certain judgment in favor of plaintiff and against defendants, entered on May 3, 1935, as modified and reduced on May 12, 1937, modified on the law by striking from the second paragraph the following recital: “ and the Court being of the opinion that said motion involves a review of the order made and entered in this action on March 5, 1940, signed by the Hon. Phillip A. Brennan, which cannot be done by a Justice having concurrent jurisdiction.” As so modified, the order, in so far as appealed from, is affirmed, without costs. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur. Settle order on two days’ notice.

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1 On argument, order referring to another justice of the Supreme Court for hearing and determination a motion made by defendant Kraushaar to cancel and discharge of record a certain judgment in favor of plaintiff and against defendants, entered on May 3, 1935, as modified and reduced on May 12, 1937, modified on the law by striking from the second paragraph the following recital: “ and the Court being of the opinion that said motion involves a review of the order made and entered in this action on March 5, 1940, signed by the Hon. Phillip A. Brennan, which cannot be done by a Justice having concurrent jurisdiction.” As so modified, the order, in so far as appealed from, is affirmed, without costs. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur. Settle order on two days’ notice.

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Bluebook (online)

263 A.D. 875, 32 N.Y.S.2d 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-s-smith-corp-v-kraushaar-nyappdiv-1942.