Slater v. Margolin

Appellate Division of the Supreme Court of New York

Slater v. Margolin

13 A.D.2d 450, 211 N.Y.S.2d 211, 1961 N.Y. App. Div. LEXIS 12357

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

DecidedMarch 2, 1961

StatusPublished

This text of 13 A.D.2d 450 (Slater v. Margolin) 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

Slater v. Margolin, 13 A.D.2d 450, 211 N.Y.S.2d 211, 1961 N.Y. App. Div. LEXIS 12357 (N.Y. Ct. App. 1961).

Pincite

Opinion

Order, entered on September 10, 1958, denying plaintiff’s motion for a preference under subdivision 5 of rule V of the New York County Supreme Court Trial Term Rules, and' directing that the cause be transferred to Orange County, unanimously reversed, on the law and on the facts, with $20 costs and disbursements to the appellant, and the motion for a preference granted, with $10 costs. Plaintiff is a resident of New York County. Defendants-respondents are residents of and were served in Rockland County and Orange County, respectively. It does not appear that personal service could be effected within the City of New York on the defendants. The rule was not intended to exclude a case from moving along in regular order on the calendar where the plaintiff is a resident of New York County and the action is brought, as this one was, in the Supreme Court for jurisdictional reasons. Concur —Valente, J. P., McNally, Stevens, Eager and Steuer, JJ.

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Order, entered on September 10, 1958, denying plaintiff’s motion for a preference under subdivision 5 of rule V of the New York County Supreme Court Trial Term Rules, and' directing that the cause be transferred to Orange County, unanimously reversed, on the law and on the facts, with $20 costs and disbursements to the appellant, and the motion for a preference granted, with $10 costs. Plaintiff is a resident of New York County. Defendants-respondents are residents of and were served in Rockland County and Orange County, respectively. It does not appear that personal service could be effected within the City of New York on the defendants. The rule was not intended to exclude a case from moving along in regular order on the calendar where the plaintiff is a resident of New York County and the action is brought, as this one was, in the Supreme Court for jurisdictional reasons. Concur —Valente, J. P., McNally, Stevens, Eager and Steuer, JJ.

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Bluebook (online)

13 A.D.2d 450, 211 N.Y.S.2d 211, 1961 N.Y. App. Div. LEXIS 12357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slater-v-margolin-nyappdiv-1961.