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National Compactor v. Kohleriter Spandorf

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 1976
52 A.D.2d 621 (N.Y. App. Div. 1976)

Opinion

April 19, 1976


Appeal from an order of the Supreme Court, Suffolk County, entered February 8, 1974, which denied defendant's motion for leave to amend its answer in Action No. 1 so as to assert a claim over against plaintiff in that action. By order dated January 27, 1975, this court affirmed the order. On January 16, 1976 the Court of Appeals reversed the order of this court and remitted the case to this court for the exercise of our discretion (National Compactor Technology Systems v Kohleriter Spandorf, 38 N.Y.2d 933, revg 47 A.D.2d 561). Order reversed, with $50 costs and disbursements, and motion granted on the basis of the dissenting memorandum of Mr. Justice Shapiro in this case ( 47 A.D.2d 561). Hopkins, Acting P.J., Cohalan, Latham and Shapiro, JJ., concur.


Summaries of

National Compactor v. Kohleriter Spandorf

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 1976
52 A.D.2d 621 (N.Y. App. Div. 1976)
Case details for

National Compactor v. Kohleriter Spandorf

Case Details

Full title:NATIONAL COMPACTOR TECHNOLOGY SYSTEMS, INC., Respondent, v. KOHLERITER…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 19, 1976

Citations

52 A.D.2d 621 (N.Y. App. Div. 1976)