Van Den Bosch ex rel. Bunjo Motel, Inc. v. Armstrong

Appellate Division of the Supreme Court of New York

Van Den Bosch ex rel. Bunjo Motel, Inc. v. Armstrong

33 A.D.2d 636, 306 N.Y.S.2d 421, 1969 N.Y. App. Div. LEXIS 3048

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

DecidedOctober 23, 1969

StatusPublished

This text of 33 A.D.2d 636 (Van Den Bosch ex rel. Bunjo Motel, Inc. v. Armstrong) 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

Van Den Bosch ex rel. Bunjo Motel, Inc. v. Armstrong, 33 A.D.2d 636, 306 N.Y.S.2d 421, 1969 N.Y. App. Div. LEXIS 3048 (N.Y. Ct. App. 1969).

Pincite

Opinion

Judgment unanimously modified in accordance with the Memorandum herein, and as so modified affirmed, with costs to defendant. Memorandum: The conclusion of law made by the Trial Justice, providing that plaintiff have 20 days after service of the judgment with notice of entry in which to serve appropriate amended pleadings, was not incorporated into the judgment entered thereon. We correct this oversight by amending the judgment accordingly. Since much evidence was received upon the trial relating to the services rendered by plaintiff for the benefit of defendant’s property, which will bear upon the issue of the amount of any equitable lien to which plaintiff may be entitled upon such property, it seems advisable that this issue and any others presented in the amended complaint and answer thereto be tried before the Justicé who tried the specific performance issue. (Appeal from judgment of Niagara Trial Term denying specific performance.) Present — Goldman, P. J., Witmer, Gabrielli, Moule and Henry, JJ.

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Judgment unanimously modified in accordance with the Memorandum herein, and as so modified affirmed, with costs to defendant. Memorandum: The conclusion of law made by the Trial Justice, providing that plaintiff have 20 days after service of the judgment with notice of entry in which to serve appropriate amended pleadings, was not incorporated into the judgment entered thereon. We correct this oversight by amending the judgment accordingly. Since much evidence was received upon the trial relating to the services rendered by plaintiff for the benefit of defendant’s property, which will bear upon the issue of the amount of any equitable lien to which plaintiff may be entitled upon such property, it seems advisable that this issue and any others presented in the amended complaint and answer thereto be tried before the Justicé who tried the specific performance issue. (Appeal from judgment of Niagara Trial Term denying specific performance.) Present — Goldman, P. J., Witmer, Gabrielli, Moule and Henry, JJ.

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Bluebook (online)

33 A.D.2d 636, 306 N.Y.S.2d 421, 1969 N.Y. App. Div. LEXIS 3048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-den-bosch-ex-rel-bunjo-motel-inc-v-armstrong-nyappdiv-1969.