Security-Columbian Banknote Co. v. Multivisions Corp.

Appellate Division of the Supreme Court of New York

Security-Columbian Banknote Co. v. Multivisions Corp.

38 A.D.2d 899, 329 N.Y.S.2d 353, 1972 N.Y. App. Div. LEXIS 5230

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

DecidedMarch 2, 1972

StatusPublished

This text of 38 A.D.2d 899 (Security-Columbian Banknote Co. v. Multivisions 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

Security-Columbian Banknote Co. v. Multivisions Corp., 38 A.D.2d 899, 329 N.Y.S.2d 353, 1972 N.Y. App. Div. LEXIS 5230 (N.Y. Ct. App. 1972).

Pincite

Opinion

Order, Supreme Court, New York County, entered on July unanimously modified, on the law, to delete the first and fourth ordering paragraphs, and, as so modified, the order appealed from is otherwise affirmed, without costs and without disbursements. The judgment of said court entered thereon on August 3, 1971, is unanimously reversed, on the law, and vacated, without costs and without disbursements. In this action to recover for printing services rendered, the mere submission of an estimate of cost from another printer, obtained after the event, is not a concession. Essentially, this is a single claim and proof involved in an assessment of damages would be coextensive or identical with that required in a plenary trial. The determination of the full amount due can be expeditiously resolved in a single full trial of the issues (Nigro v. Celestial Music Corp., 33 A D 2d 1003; Hastings v. C. B. Richard, Ellis & Co., 36 A D 2d 695). Concur—Stevens, P. J., McGivern, Markewich, Kupferman and Tilzer, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County, entered on July unanimously modified, on the law, to delete the first and fourth ordering paragraphs, and, as so modified, the order appealed from is otherwise affirmed, without costs and without disbursements. The judgment of said court entered thereon on August 3, 1971, is unanimously reversed, on the law, and vacated, without costs and without disbursements. In this action to recover for printing services rendered, the mere submission of an estimate of cost from another printer, obtained after the event, is not a concession. Essentially, this is a single claim and proof involved in an assessment of damages would be coextensive or identical with that required in a plenary trial. The determination of the full amount due can be expeditiously resolved in a single full trial of the issues (Nigro v. Celestial Music Corp., 33 A D 2d 1003; Hastings v. C. B. Richard, Ellis & Co., 36 A D 2d 695). Concur—Stevens, P. J., McGivern, Markewich, Kupferman and Tilzer, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

38 A.D.2d 899, 329 N.Y.S.2d 353, 1972 N.Y. App. Div. LEXIS 5230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/security-columbian-banknote-co-v-multivisions-corp-nyappdiv-1972.