Spieler v. Krimsky

Appellate Division of the Supreme Court of New York

Spieler v. Krimsky

46 A.D.2d 906, 362 N.Y.S.2d 196, 1974 N.Y. App. Div. LEXIS 3349

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

DecidedDecember 16, 1974

StatusPublished

This text of 46 A.D.2d 906 (Spieler v. Krimsky) 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

Spieler v. Krimsky, 46 A.D.2d 906, 362 N.Y.S.2d 196, 1974 N.Y. App. Div. LEXIS 3349 (N.Y. Ct. App. 1974).

Pincite

Opinion

In an action inter alia, to recover damages for breach of contract, defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County, dated October 29, 1973, as, after granting his motion to dismiss the second amended complaint, granted leave to plaintiffs to serve a third amended complaint upon a proper showing at Special Term, Part I. Order modified, in the exercise of discretion, by adding thereto a provision that if plaintiffs move at Special Term, Part I, for leave to serve a third amended complaint they must do so within 30 days after service of a copy of the order to be entered hereon, with notice of entry. As so modified, order affirmed insofar as appealed from, with $20 costs and disbursements to respondents. The order appealed from provides no limitation on the time within which plaintiffs may apply to Special Term for [907]*907leave to serve a third amended complaint. Martuseello, Acting P. J., Latham, Cohalan, Brennan and Benjamin, JJ., concur.

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In an action inter alia, to recover damages for breach of contract, defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County, dated October 29, 1973, as, after granting his motion to dismiss the second amended complaint, granted leave to plaintiffs to serve a third amended complaint upon a proper showing at Special Term, Part I. Order modified, in the exercise of discretion, by adding thereto a provision that if plaintiffs move at Special Term, Part I, for leave to serve a third amended complaint they must do so within 30 days after service of a copy of the order to be entered hereon, with notice of entry. As so modified, order affirmed insofar as appealed from, with $20 costs and disbursements to respondents. The order appealed from provides no limitation on the time within which plaintiffs may apply to Special Term for [907]*907leave to serve a third amended complaint. Martuseello, Acting P. J., Latham, Cohalan, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

46 A.D.2d 906, 362 N.Y.S.2d 196, 1974 N.Y. App. Div. LEXIS 3349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spieler-v-krimsky-nyappdiv-1974.