Sovik v. Shearson Lehman/American Express, Inc.

Appellate Division of the Supreme Court of New York

Sovik v. Shearson Lehman/American Express, Inc.

127 A.D.2d 996, 512 N.Y.S.2d 751, 1987 N.Y. App. Div. LEXIS 53422

Appellate Division of the Supreme Court of the State of New York·Decided February 27, 1987·Published

Opinion

Order unanimously reversed on the law without costs and submission of controversy dismissed. Memorandum: The court erred in deciding a purported action on submitted facts pursuant to CPLR 3222 because such a submission must consist of a statement of all the facts upon which the controversy depends. The court improperly considered affidavits submitted by the parties which raised factual issues (see, Ditmars-31’ St. Dev. Corp. v Punia, 17 AD2d 357, 360). It is impossible to decide the case on the submission alone because it is incomplete. (Appeals from order of Supreme Court, Onondaga County, Mordue, J. — submission of controversy.) Present — Dillon, P. J., Callahan, Denman, Pine and Lawton, JJ.

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Order unanimously reversed on the law without costs and submission of controversy dismissed. Memorandum: The court erred in deciding a purported action on submitted facts pursuant to CPLR 3222 because such a submission must consist of a statement of all the facts upon which the controversy depends. The court improperly considered affidavits submitted by the parties which raised factual issues (see, Ditmars-31’ St. Dev. Corp. v Punia, 17 AD2d 357, 360). It is impossible to decide the case on the submission alone because it is incomplete. (Appeals from order of Supreme Court, Onondaga County, Mordue, J. — submission of controversy.) Present — Dillon, P. J., Callahan, Denman, Pine and Lawton, JJ.

Sovik v. Shearson Lehman/American Express, Inc., 127 A.D.2d 996, 512 N.Y.S.2d 751, 1987 N.Y. App. Div. LEXIS 53422 (N.Y. Ct. App. 1987).

Pincite

127 A.D.2d 996 (Sovik v. Shearson Lehman/American Express, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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