Sherman v. Morales

Appellate Division of the Supreme Court of New York

Sherman v. Morales

48 A.D.2d 866, 372 N.Y.S.2d 563, 1975 N.Y. App. Div. LEXIS 10096

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

DecidedJune 9, 1975

StatusPublished

This text of 48 A.D.2d 866 (Sherman v. Morales) 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

Sherman v. Morales, 48 A.D.2d 866, 372 N.Y.S.2d 563, 1975 N.Y. App. Div. LEXIS 10096 (N.Y. Ct. App. 1975).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Kings County, dated December 13, 1974, which, inter alia, (1) granted the motion of defendants’ attorneys for leave to withdraw as counsel for defendant Morales and (2) dismissed, on the court’s own motion, plaintiffs’ separate action against the insurer of Morales’ employer for a judgment declaring that it may not validly disclaim liability as to Morales. Order modified by striking therefrom the third decretal paragraph. As so modified, order affirmed, without costs. Nothing in the CPLR empowers a judge who is deciding a motion in one action to dismiss the complaint in a separate action by the same plaintiffs against a different defendant, which other action seeks different relief, absent any motion in such other action. Gulotta, P. J., Martuscello, Christ, Brennan and Shapiro, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Kings County, dated December 13, 1974, which, inter alia, (1) granted the motion of defendants’ attorneys for leave to withdraw as counsel for defendant Morales and (2) dismissed, on the court’s own motion, plaintiffs’ separate action against the insurer of Morales’ employer for a judgment declaring that it may not validly disclaim liability as to Morales. Order modified by striking therefrom the third decretal paragraph. As so modified, order affirmed, without costs. Nothing in the CPLR empowers a judge who is deciding a motion in one action to dismiss the complaint in a separate action by the same plaintiffs against a different defendant, which other action seeks different relief, absent any motion in such other action. Gulotta, P. J., Martuscello, Christ, Brennan and Shapiro, JJ., concur.

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Bluebook (online)

48 A.D.2d 866, 372 N.Y.S.2d 563, 1975 N.Y. App. Div. LEXIS 10096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherman-v-morales-nyappdiv-1975.