Sommer v. Kaufman

Appellate Division of the Supreme Court of New York

Sommer v. Kaufman

41 A.D.2d 520, 339 N.Y.S.2d 997, 1973 N.Y. App. Div. LEXIS 5292

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

DecidedJanuary 18, 1973

StatusPublished

Cited by2 cases

This text of 41 A.D.2d 520 (Sommer v. Kaufman) 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.

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Sommer v. Kaufman, 41 A.D.2d 520, 339 N.Y.S.2d 997, 1973 N.Y. App. Div. LEXIS 5292 (N.Y. Ct. App. 1973).

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Opinion

Appeal from the order of the Supreme Court, New York County, entered on June 24,. 1971, unanimously dismissed on the law, on the ground that it is not appealable as of right,' CPLR 5701 (subd. [b], pars, 2, 3). If we did not dismiss on that ground, we would affirm. Respondents shall recover of' appellant. $40 costs and disbursements of this appeal. The court at Special Term dismissed the complaint pursuant to CPLR 3014, with leave to replead, and struck certain sections of the complaint pursuant to CPLR 3024 (subd. [b]). No permission was granted for an appeal from this interim order CPLR 5701 (subd. [c]). Plaintiff may serve an amended complaint within 20 days after service upon him by ■ defendants-respondents of a copy of the order entered hereon. Concur — Stevens, P; J., MeGivern, Kupferman and Capozzoli, JJ.

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Appeal from the order of the Supreme Court, New York County, entered on June 24,. 1971, unanimously dismissed on the law, on the ground that it is not appealable as of right,' CPLR 5701 (subd. [b], pars, 2, 3). If we did not dismiss on that ground, we would affirm. Respondents shall recover of' appellant. $40 costs and disbursements of this appeal. The court at Special Term dismissed the complaint pursuant to CPLR 3014, with leave to replead, and struck certain sections of the complaint pursuant to CPLR 3024 (subd. [b]). No permission was granted for an appeal from this interim order CPLR 5701 (subd. [c]). Plaintiff may serve an amended complaint within 20 days after service upon him by ■ defendants-respondents of a copy of the order entered hereon. Concur — Stevens, P; J., MeGivern, Kupferman and Capozzoli, JJ.

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Bluebook (online)

41 A.D.2d 520, 339 N.Y.S.2d 997, 1973 N.Y. App. Div. LEXIS 5292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sommer-v-kaufman-nyappdiv-1973.

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