Sundt v. New York State Electric & Gas Corp.

Appellate Division of the Supreme Court of New York

Sundt v. New York State Electric & Gas Corp.

92 A.D.2d 722, 460 N.Y.S.2d 968, 1983 N.Y. App. Div. LEXIS 17018

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

DecidedFebruary 28, 1983

StatusPublished

Cited by1 cases

This text of 92 A.D.2d 722 (Sundt v. New York State Electric & Gas Corp.) 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

Sundt v. New York State Electric & Gas Corp., 92 A.D.2d 722, 460 N.Y.S.2d 968, 1983 N.Y. App. Div. LEXIS 17018 (N.Y. Ct. App. 1983).

Pincite

Opinion

— Order unanimously reversed, with costs, and matter remitted to Supreme Court, Wyoming County, for further proceedings in accordance with the following memorandum: After a jury verdict of no cause of action was returned against him, plaintiff moved pursuant to CPLR 1101 before the trial court for permission to proceed on appeal as a poor person. The trial court denied plaintiff’s motion, notwithstanding a finding that a meritorious basis for appeal exists, because the plaintiff was currently employed. In determining whether a party should be afforded poor person status, a court should completely examine the party’s over-all financial situation (see, e.g., Lancer v Lancer, 70 Mise 2d 1045). The trial court failed to do so and erred in finding that plaintiff did not qualify as a poor person solely because of his employment. The trial court, in its sound discretion, should determine whether plaintiff qualifies as a poor person (Jenks v Murphy, 21 AD2d 346). (Appeal from order of Supreme Court, Wyoming County, Johnson, J. — poor person status.) Present — Dillon, P. J., Hancock, Jr., Doerr, Moule and Schnepp, JJ.

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

— Order unanimously reversed, with costs, and matter remitted to Supreme Court, Wyoming County, for further proceedings in accordance with the following memorandum: After a jury verdict of no cause of action was returned against him, plaintiff moved pursuant to CPLR 1101 before the trial court for permission to proceed on appeal as a poor person. The trial court denied plaintiff’s motion, notwithstanding a finding that a meritorious basis for appeal exists, because the plaintiff was currently employed. In determining whether a party should be afforded poor person status, a court should completely examine the party’s over-all financial situation (see, e.g., Lancer v Lancer, 70 Mise 2d 1045). The trial court failed to do so and erred in finding that plaintiff did not qualify as a poor person solely because of his employment. The trial court, in its sound discretion, should determine whether plaintiff qualifies as a poor person (Jenks v Murphy, 21 AD2d 346). (Appeal from order of Supreme Court, Wyoming County, Johnson, J. — poor person status.) Present — Dillon, P. J., Hancock, Jr., Doerr, Moule and Schnepp, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

92 A.D.2d 722, 460 N.Y.S.2d 968, 1983 N.Y. App. Div. LEXIS 17018, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sundt-v-new-york-state-electric-gas-corp-nyappdiv-1983.

Opinion

Related

Cite This Page — Counsel Stack