Tsimenis v. New York Central Railroad

Appellate Division of the Supreme Court of New York

Tsimenis v. New York Central Railroad

18 A.D.2d 631, 234 N.Y.S.2d 757, 1962 N.Y. App. Div. LEXIS 6454

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

DecidedDecember 11, 1962

StatusPublished

This text of 18 A.D.2d 631 (Tsimenis v. New York Central Railroad) 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

Tsimenis v. New York Central Railroad, 18 A.D.2d 631, 234 N.Y.S.2d 757, 1962 N.Y. App. Div. LEXIS 6454 (N.Y. Ct. App. 1962).

Pincite

Opinion

Order, entered April 30, 1962, denying defendants’ motion to dismiss the complaint, unanimously affirmed, with $20 costs and disbursements to plaintiffs-respondents. We are of the opinion that the doctrine of primary jurisdiction is applicable. (United States v. Western Pacific R. R. Co., 352 U. S. 59.) On a proper showing that identical issues within its competence are pending before the Interstate Commerce Commission, a stay of the prosecution of this action pending that agency’s determination may be indicated. (Cf. Thompson v. Texas Mexican Ry. Co., 328 U. S. 134.) Concur — Botein, P. J., Breitel, Valente, McNally and Stevens, JJ.

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

Order, entered April 30, 1962, denying defendants’ motion to dismiss the complaint, unanimously affirmed, with $20 costs and disbursements to plaintiffs-respondents. We are of the opinion that the doctrine of primary jurisdiction is applicable. (United States v. Western Pacific R. R. Co., 352 U. S. 59.) On a proper showing that identical issues within its competence are pending before the Interstate Commerce Commission, a stay of the prosecution of this action pending that agency’s determination may be indicated. (Cf. Thompson v. Texas Mexican Ry. Co., 328 U. S. 134.) Concur — Botein, P. J., Breitel, Valente, McNally and Stevens, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

18 A.D.2d 631, 234 N.Y.S.2d 757, 1962 N.Y. App. Div. LEXIS 6454, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tsimenis-v-new-york-central-railroad-nyappdiv-1962.

Opinion

Related

Cite This Page — Counsel Stack