Spalter v. I. J. Morris, Inc.

Appellate Division of the Supreme Court of New York

Spalter v. I. J. Morris, Inc.

11 A.D.2d 789, 205 N.Y.S.2d 968, 1960 N.Y. App. Div. LEXIS 8728

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

DecidedJuly 5, 1960

StatusPublished

This text of 11 A.D.2d 789 (Spalter v. I. J. Morris, Inc.) 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

Spalter v. I. J. Morris, Inc., 11 A.D.2d 789, 205 N.Y.S.2d 968, 1960 N.Y. App. Div. LEXIS 8728 (N.Y. Ct. App. 1960).

Pincite

Opinion

In an action to recover damages for personal injuries, plaintiff Edward Spalter appeals from an order of the Supreme Court, Kings County, entered December 28, 1959, adhering to a prior determination vacating a preference in trial which had been granted pursuant to rule 9 of the Kings County Supreme Court Trial Term Rules. The preference had been granted on January 10, 1958. Thereafter, an order was entered June 19,1958, vacating the preference. A motion to reconsider the order of June 19, 1958, was denied by order entered January 5, 1959. Subsequently, this court reversed the order of January 5, 1959, and remitted the matter to the Special Term for further consideration, so as to afford plaintiffs “ a further opportunity to present facts showing whether they are entitled to a preference ” {Spalter v. I. J. Morris, Inc., 8 A D 2d 747). Following the ensuing hearing, the order appealed from was entered December 28, 1959, adhering to the determination vacating the preference. Order affirmed, without costs. No opinion. Nolan, P. J., Beldoek, Ughetta, Kleinfeld and Christ, JJ., concur.

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In an action to recover damages for personal injuries, plaintiff Edward Spalter appeals from an order of the Supreme Court, Kings County, entered December 28, 1959, adhering to a prior determination vacating a preference in trial which had been granted pursuant to rule 9 of the Kings County Supreme Court Trial Term Rules. The preference had been granted on January 10, 1958. Thereafter, an order was entered June 19,1958, vacating the preference. A motion to reconsider the order of June 19, 1958, was denied by order entered January 5, 1959. Subsequently, this court reversed the order of January 5, 1959, and remitted the matter to the Special Term for further consideration, so as to afford plaintiffs “ a further opportunity to present facts showing whether they are entitled to a preference ” {Spalter v. I. J. Morris, Inc., 8 A D 2d 747). Following the ensuing hearing, the order appealed from was entered December 28, 1959, adhering to the determination vacating the preference. Order affirmed, without costs. No opinion. Nolan, P. J., Beldoek, Ughetta, Kleinfeld and Christ, JJ., concur.

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Bluebook (online)

11 A.D.2d 789, 205 N.Y.S.2d 968, 1960 N.Y. App. Div. LEXIS 8728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spalter-v-i-j-morris-inc-nyappdiv-1960.