Van Valen v. Savage

Appellate Division of the Supreme Court of New York

Van Valen v. Savage

31 A.D.2d 545, 295 N.Y.S.2d 1022, 1968 N.Y. App. Div. LEXIS 2898

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

DecidedNovember 18, 1968

StatusPublished

This text of 31 A.D.2d 545 (Van Valen v. Savage) 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 Valen v. Savage, 31 A.D.2d 545, 295 N.Y.S.2d 1022, 1968 N.Y. App. Div. LEXIS 2898 (N.Y. Ct. App. 1968).

Pincite

Opinion

Appeal by plaintiff, as limited by his brief, from so much of an order of the Supreme Court, Kings County, dated October 20, 1967, as (1) vacated defendant Savage’s defaults and reinstated his answer, (2) vacated two orders dated February 21, 1966 and March 14, 1967, respectively, which directed that said defendant’s answer be stricken, and (3) directed that the action take its place on the general calendar for trial in its regular order. Order modified, on the law, the facts and in the exercise of discretion, by adding a provision conditioning the above mentioned portions of the order under review upon defendant Savage’s paying plaintiff $100 for the inconvenience suffered by plaintiff’s attorney. As so modified, order affirmed insofar as appealed from, with $20 costs and disbursements against defendant Savage. The payment condition must be complied with within 20 days after entry of the order hereon. The condition herewith imposed is fair and in accordance with the offer made in the affidavit of an attorney which was submitted in support of defendant 'Savage’s motion. Brennan, Acting P. J., Rabin, Benjamin, Munder and Martuscello, JJ., concur.

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Appeal by plaintiff, as limited by his brief, from so much of an order of the Supreme Court, Kings County, dated October 20, 1967, as (1) vacated defendant Savage’s defaults and reinstated his answer, (2) vacated two orders dated February 21, 1966 and March 14, 1967, respectively, which directed that said defendant’s answer be stricken, and (3) directed that the action take its place on the general calendar for trial in its regular order. Order modified, on the law, the facts and in the exercise of discretion, by adding a provision conditioning the above mentioned portions of the order under review upon defendant Savage’s paying plaintiff $100 for the inconvenience suffered by plaintiff’s attorney. As so modified, order affirmed insofar as appealed from, with $20 costs and disbursements against defendant Savage. The payment condition must be complied with within 20 days after entry of the order hereon. The condition herewith imposed is fair and in accordance with the offer made in the affidavit of an attorney which was submitted in support of defendant 'Savage’s motion. Brennan, Acting P. J., Rabin, Benjamin, Munder and Martuscello, JJ., concur.

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Bluebook (online)

31 A.D.2d 545, 295 N.Y.S.2d 1022, 1968 N.Y. App. Div. LEXIS 2898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-valen-v-savage-nyappdiv-1968.