Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

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

MATTER WALTER SIMMONS v. SAFEWAY STEEL SCAFFOLDS SUPPLY CORP. (03/27/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT


March 27, 1969

IN THE MATTER OF WALTER SIMMONS, RESPONDENT,
v.
SAFEWAY STEEL SCAFFOLDS SUPPLY CORP., APPELLANT, AND GRAMERCY PARK TOWERS, INC., RESPONDENT

Concur -- Capozzoli, J. P., McGivern, Markewich and Steuer, JJ.; Rabin, J., deceased.

Order entered September 10, 1968, unanimously modified, on the law and in the exercise of discretion, to provide that removal of the action from Civil to Supreme Court to be conditioned on payment by petitioner-respondent (plaintiff in the Civil Court action) to respondent-appellant (defendant in the Civil Court action) of $250 costs, within 20 days after service of a copy of the order to be entered hereon, and, as so modified, affirmed, without other costs or disbursements. While there was a reasonable basis for the relief granted at Trial Term, plaintiff (petitioner-respondent) unduly delayed his application therefor until the very eve of trial in Civil Court, for which defendant (respondent-appellant) had made preparation, and, in the circumstances, terms should have been imposed as a condition for the granting of the motion.

19690327

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

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