Simandle v. Miller Equipment Corp.

Appellate Division of the Supreme Court of New York

Simandle v. Miller Equipment Corp.

193 A.D.2d 1101, 600 N.Y.S.2d 650, 1993 N.Y. App. Div. LEXIS 5740

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

DecidedMay 28, 1993

DocketAppeal No. 2

StatusPublished

This text of 193 A.D.2d 1101 (Simandle v. Miller Equipment 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

Simandle v. Miller Equipment Corp., 193 A.D.2d 1101, 600 N.Y.S.2d 650, 1993 N.Y. App. Div. LEXIS 5740 (N.Y. Ct. App. 1993).

Pincite

Opinion

Order insofar as appealed from unanimously reversed on the law with costs and cross motion denied. Memorandum: Supreme Court erred in granting third-party defendant’s cross motion to include in the record on appeal certain portions of the trial testimony. The record on appeal from any order is limited to those matters upon which the order was founded (CPLR 5526). The order appealed from was not founded upon matters occurring at the trial, which was held after the order was granted. (Appeal from Order of Supreme Court, Oneida County, Grow, J.—Settle Record on [1102]*1102Appeal.) Present—Green, J. P., Pine, Boomer, Davis and Boehm, JJ.

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Order insofar as appealed from unanimously reversed on the law with costs and cross motion denied. Memorandum: Supreme Court erred in granting third-party defendant’s cross motion to include in the record on appeal certain portions of the trial testimony. The record on appeal from any order is limited to those matters upon which the order was founded (CPLR 5526). The order appealed from was not founded upon matters occurring at the trial, which was held after the order was granted. (Appeal from Order of Supreme Court, Oneida County, Grow, J.—Settle Record on [1102]*1102Appeal.) Present—Green, J. P., Pine, Boomer, Davis and Boehm, JJ.

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Bluebook (online)

193 A.D.2d 1101, 600 N.Y.S.2d 650, 1993 N.Y. App. Div. LEXIS 5740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simandle-v-miller-equipment-corp-nyappdiv-1993.