Roy v. Kingshead Corp.

Appellate Division of the Supreme Court of New York

Roy v. Kingshead Corp.

5 A.D.2d 872, 172 N.Y.S.2d 548, 1958 N.Y. App. Div. LEXIS 6842

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

DecidedMarch 3, 1958

StatusPublished

This text of 5 A.D.2d 872 (Roy v. Kingshead 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

Roy v. Kingshead Corp., 5 A.D.2d 872, 172 N.Y.S.2d 548, 1958 N.Y. App. Div. LEXIS 6842 (N.Y. Ct. App. 1958).

Pincite

Opinion

Petitioner moves to quash a subpoena duces tecum issued by respondent as counsel for this judicial inquiry and returnable before the Justice conducting such inquiry at the Additional Special Term of the Supreme Court, Kings County. The respondent makes a cross motion to dismiss petitioner’s application on the ground that this court lacks the jurisdiction to entertain it in the first instance. Cross motion granted, without costs. Petitioner’s motion dismissed, without costs and without prejudice to his right, if so advised, to renew his motion in the Supreme Court. This court undoubtedly possesses original jurisdiction to entertain and determine, in the first instance, any motion in an action or proceeding pending in the Supreme Court. This court, however, may properly decline to exercise such original jurisdiction except in rare instances, where the exigencies of the ease and the interests of justice demand it. In our opinion this is not such an instance, and hence this court must refuse to assume jurisdiction. Here, orderly procedure and the interests of justice would require that petitioner’s application be made in the first instance to the Supreme Court.

Present — Wenzel, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ.

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Petitioner moves to quash a subpoena duces tecum issued by respondent as counsel for this judicial inquiry and returnable before the Justice conducting such inquiry at the Additional Special Term of the Supreme Court, Kings County. The respondent makes a cross motion to dismiss petitioner’s application on the ground that this court lacks the jurisdiction to entertain it in the first instance. Cross motion granted, without costs. Petitioner’s motion dismissed, without costs and without prejudice to his right, if so advised, to renew his motion in the Supreme Court. This court undoubtedly possesses original jurisdiction to entertain and determine, in the first instance, any motion in an action or proceeding pending in the Supreme Court. This court, however, may properly decline to exercise such original jurisdiction except in rare instances, where the exigencies of the ease and the interests of justice demand it. In our opinion this is not such an instance, and hence this court must refuse to assume jurisdiction. Here, orderly procedure and the interests of justice would require that petitioner’s application be made in the first instance to the Supreme Court.

Present — Wenzel, Acting P. J., Murphy, Ughetta, Hallinan and Kleinfeld, JJ.

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Bluebook (online)

5 A.D.2d 872, 172 N.Y.S.2d 548, 1958 N.Y. App. Div. LEXIS 6842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roy-v-kingshead-corp-nyappdiv-1958.