Stahl v. Rochester Homes, Inc.

Appellate Division of the Supreme Court of New York

Stahl v. Rochester Homes, Inc.

254 A.D. 931, 5 N.Y.S.2d 837, 1938 N.Y. App. Div. LEXIS 8348

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

DecidedJune 28, 1938

StatusPublished

This text of 254 A.D. 931 (Stahl v. Rochester Homes, 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

Stahl v. Rochester Homes, Inc., 254 A.D. 931, 5 N.Y.S.2d 837, 1938 N.Y. App. Div. LEXIS 8348 (N.Y. Ct. App. 1938).

Pincite

Opinion

Order so far as appealed from affirmed, with [932]*932ten dollars costs and disbursements. Memorandum: The claims which defendant sets up in his answer by way of .defense, counterclaim and set off, can only be established by proof relating to dealings had before September 27, 1932. In case he succeeds he will be entitled to an interlocutory judgment for an accounting, covering some eleven years of the management of the property in suit. Since the order appealed from preserves the right of defendant to apply for a further examination, before accounting, in ease he succeeds on the trial, the order as granted should be affirmed. Thus will be saved much work that would be fruitless if defendant should fail on the trial of the issues presented. (Moffat v. Phoenix Brewery Corp., 247 App. Div. 552, at p. 555; Jamaica Trading Corp. v. Doel Realty Corp., 244 id. 823.) All concur. (The order denies in part a motion to examine parties before trial in an action to foreclose a mortgage.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order so far as appealed from affirmed, with [932]*932ten dollars costs and disbursements. Memorandum: The claims which defendant sets up in his answer by way of .defense, counterclaim and set off, can only be established by proof relating to dealings had before September 27, 1932. In case he succeeds he will be entitled to an interlocutory judgment for an accounting, covering some eleven years of the management of the property in suit. Since the order appealed from preserves the right of defendant to apply for a further examination, before accounting, in ease he succeeds on the trial, the order as granted should be affirmed. Thus will be saved much work that would be fruitless if defendant should fail on the trial of the issues presented. (Moffat v. Phoenix Brewery Corp., 247 App. Div. 552, at p. 555; Jamaica Trading Corp. v. Doel Realty Corp., 244 id. 823.) All concur. (The order denies in part a motion to examine parties before trial in an action to foreclose a mortgage.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

254 A.D. 931, 5 N.Y.S.2d 837, 1938 N.Y. App. Div. LEXIS 8348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stahl-v-rochester-homes-inc-nyappdiv-1938.

Opinion

Related

Cite This Page — Counsel Stack