Simmons v. Safeway Steel Scaffolds Supply Corp.

Appellate Division of the Supreme Court of New York

Simmons v. Safeway Steel Scaffolds Supply Corp.

31 A.D.2d 921, 299 N.Y.S.2d 368, 1969 N.Y. App. Div. LEXIS 4335

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

DecidedMarch 27, 1969

StatusPublished

This text of 31 A.D.2d 921 (Simmons v. Safeway Steel Scaffolds Supply 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

Simmons v. Safeway Steel Scaffolds Supply Corp., 31 A.D.2d 921, 299 N.Y.S.2d 368, 1969 N.Y. App. Div. LEXIS 4335 (N.Y. Ct. App. 1969).

Pincite

Opinion

Order entered September 10, 1968, unanimously modified, on the law and in the exercise of discretion, to provide that removal of the action from Civil to Supreme ¡Court to be conditioned on payment by petitioner-respondent (plaintiff in the Civil -Court action) to respondent-appellant (defendant in the Civil 'Court action) of $250 costs, within 20 days after service of a copy of the order to be -entered hereon, and, as so modified, affirmed, without other costs or disbursements. While there was a reasonable basis for the relief granted at Trial Term, plaintiff (petitioner-respondent) unduly delayed his application therefor until the very eve of trial in Civil Court, for which defendant (respondent-appellant) had made preparation, and, in the circumstances, terms should have been imposed as a condition for the granting of the motion. Concur — Capozzoli, J. P., McGivern, Markewich and Steuer, JJ.; Rabin, J., deceased.

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Order entered September 10, 1968, unanimously modified, on the law and in the exercise of discretion, to provide that removal of the action from Civil to Supreme ¡Court to be conditioned on payment by petitioner-respondent (plaintiff in the Civil -Court action) to respondent-appellant (defendant in the Civil 'Court action) of $250 costs, within 20 days after service of a copy of the order to be -entered hereon, and, as so modified, affirmed, without other costs or disbursements. While there was a reasonable basis for the relief granted at Trial Term, plaintiff (petitioner-respondent) unduly delayed his application therefor until the very eve of trial in Civil Court, for which defendant (respondent-appellant) had made preparation, and, in the circumstances, terms should have been imposed as a condition for the granting of the motion. Concur — Capozzoli, J. P., McGivern, Markewich and Steuer, JJ.; Rabin, J., deceased.

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Bluebook (online)

31 A.D.2d 921, 299 N.Y.S.2d 368, 1969 N.Y. App. Div. LEXIS 4335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-safeway-steel-scaffolds-supply-corp-nyappdiv-1969.