Symons Galleries, Inc. v. Phillips

Appellate Division of the Supreme Court of New York

Symons Galleries, Inc. v. Phillips

24 A.D.2d 861, 264 N.Y.S.2d 896

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

DecidedNovember 30, 1965

StatusPublished

This text of 24 A.D.2d 861 (Symons Galleries, Inc. v. Phillips) 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

Symons Galleries, Inc. v. Phillips, 24 A.D.2d 861, 264 N.Y.S.2d 896 (N.Y. Ct. App. 1965).

Pincite

Opinion

Order, entered July 7, 1965, denying plaintiff's motion for summary judgment, denying so much of defendant’s motion for summary judgment and other relief, including the granting of a joint trial, unanimously modified, on the law, on the facts, and in the exercise of discretion, to the extent of granting a joint trial pursuant to CPLR 602 (subd. [a]) of this action with the action entitled Phillips v. Symons Galleries (Index No. 13070/ 1962, Supreme Court, New York County), and, as so modified, affirmed, with $30 costs and disbursements of the appeal to abide the event. There are common questions of law and fact in the two actions which make it economical to have a joint trial and there is no showing of prejudice to plaintiff in such a procedure. There are distinct issues of fact with respect to the principal issues barring summary judgment on the liability of corporate fiduciaries to account judicially. Concur — Breitel, J. P., Rabin, Yalente, Eager and Steuer, JJ.

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Order, entered July 7, 1965, denying plaintiff's motion for summary judgment, denying so much of defendant’s motion for summary judgment and other relief, including the granting of a joint trial, unanimously modified, on the law, on the facts, and in the exercise of discretion, to the extent of granting a joint trial pursuant to CPLR 602 (subd. [a]) of this action with the action entitled Phillips v. Symons Galleries (Index No. 13070/ 1962, Supreme Court, New York County), and, as so modified, affirmed, with $30 costs and disbursements of the appeal to abide the event. There are common questions of law and fact in the two actions which make it economical to have a joint trial and there is no showing of prejudice to plaintiff in such a procedure. There are distinct issues of fact with respect to the principal issues barring summary judgment on the liability of corporate fiduciaries to account judicially. Concur — Breitel, J. P., Rabin, Yalente, Eager and Steuer, JJ.

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Bluebook (online)

24 A.D.2d 861, 264 N.Y.S.2d 896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/symons-galleries-inc-v-phillips-nyappdiv-1965.