White Plains Iron Works, Inc. v. Corey

Appellate Division of the Supreme Court of New York

White Plains Iron Works, Inc. v. Corey

47 A.D.2d 528, 362 N.Y.S.2d 580, 1975 N.Y. App. Div. LEXIS 8586

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

DecidedJanuary 6, 1975

StatusPublished

This text of 47 A.D.2d 528 (White Plains Iron Works, Inc. v. Corey) 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

White Plains Iron Works, Inc. v. Corey, 47 A.D.2d 528, 362 N.Y.S.2d 580, 1975 N.Y. App. Div. LEXIS 8586 (N.Y. Ct. App. 1975).

Pincite

Opinion

In an action to recover upon promissory notes, defendants appeal, as limited by their briefs, from so much of an order of the Supreme Court, Kings County, dated November 20, 1973, as, on reargument, (1) adhered to the original decision denying defendants’ motion to vacate a default judgment against them and in favor of plaintiff, entered on March 14, 1973, and (2) vacated a stay. Order reversed insofar as appealed from, in the interest of justice, without costs, defendants’ motion to vacate the judgment granted and immediate trial ordered. The judgment was apparently in excess of the actual damages sustained, since plaintiff stopped production prior to completion of performance of the contract and is in possession of steel which is of substantial value, for which no credit was given to defendants. A new trial is therefore required at least on the issue of damages, but on the record presented we believe a full trial on all the issues is warranted. The trial should proceed forthwith.

Martuscello, Acting P. J., Shapiro, Christ, Benjamin and Munder, JJ., concur.

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In an action to recover upon promissory notes, defendants appeal, as limited by their briefs, from so much of an order of the Supreme Court, Kings County, dated November 20, 1973, as, on reargument, (1) adhered to the original decision denying defendants’ motion to vacate a default judgment against them and in favor of plaintiff, entered on March 14, 1973, and (2) vacated a stay. Order reversed insofar as appealed from, in the interest of justice, without costs, defendants’ motion to vacate the judgment granted and immediate trial ordered. The judgment was apparently in excess of the actual damages sustained, since plaintiff stopped production prior to completion of performance of the contract and is in possession of steel which is of substantial value, for which no credit was given to defendants. A new trial is therefore required at least on the issue of damages, but on the record presented we believe a full trial on all the issues is warranted. The trial should proceed forthwith.

Martuscello, Acting P. J., Shapiro, Christ, Benjamin and Munder, JJ., concur.

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Bluebook (online)

47 A.D.2d 528, 362 N.Y.S.2d 580, 1975 N.Y. App. Div. LEXIS 8586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-plains-iron-works-inc-v-corey-nyappdiv-1975.