Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

EDWARD E. GIANNELLI v. CHALLENGE MACHINERY CO. (07/01/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 1968.NY.42402 <http://www.versuslaw.com>; 293 N.Y.S.2d 701; 30 A.D.2d 809 July 1, 1968 EDWARD E. GIANNELLI, APPELLANT,v.CHALLENGE MACHINERY CO., RESPONDENT, ET AL., DEFENDANT Order of the Supreme Court, Nassau County, dated November 16, 1967, which denied plaintiff's motion to strike out the separate defense in the answer of defendant the Challenge Machinery Co., reversed, on the law and in the exercise of discretion, without costs, and motion remitted to Special Term for the purpose of conducting a trial of the issues raised on the motion (CPLR 3211, subd. [c]). Rabin, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.


Order of the Supreme Court, Nassau County, dated November 16, 1967, which denied plaintiff's motion to strike out the separate defense in the answer of defendant the Challenge Machinery Co., reversed, on the law and in the exercise of discretion, without costs, and motion remitted to Special Term for the purpose of conducting a trial of the issues raised on the motion (CPLR 3211, subd. [c]).

Rabin, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.

In our opinion, a trial should be held herein in order that, after the disclosure of all relevant facts affecting the court's jurisdiction under CPLR 302, Special Term may determine plaintiff's motion.

19680701

© 1998 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.