From Casetext: Smarter Legal Research

Clover-East Associates v. Bachler

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 18, 1965
23 A.D.2d 620 (N.Y. App. Div. 1965)

Opinion

February 18, 1965

Appeal from the Monroe Trial Term.

Present — Williams, P.J., Goldman, Henry, Noonan and Del Vecchio, JJ.


Order unanimously reversed in accordance with the Memorandum, without costs of this appeal to any party. Memorandum: It is conceded that oral argument of the motion was had before one Justice of the Supreme Court and thereafter without consultation with the parties or their attorneys and without stipulation the papers were sent to another Justice who without any argument decided the motion in respondent's favor. Section 21 Jud. of the Judiciary Law specifically provides that a Judge other than an appellate one "shall not decide or take part in the decision of a question, which was argued orally in the court, when he was not present and sitting therein as a judge." The order appealed from was made under the very circumstances prohibited by this section and therefore must be vacated ( Smith v. State of New York, 214 N.Y. 140, 144; People v. Hooper, 22 A.D.2d 1006). We have dealt solely with the procedural question involved and pass upon no other questions presented by the briefs.


Summaries of

Clover-East Associates v. Bachler

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 18, 1965
23 A.D.2d 620 (N.Y. App. Div. 1965)
Case details for

Clover-East Associates v. Bachler

Case Details

Full title:CLOVER-EAST ASSOCIATES, Respondent, v. SOL BACHLER et al., Appellants

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

Date published: Feb 18, 1965

Citations

23 A.D.2d 620 (N.Y. App. Div. 1965)

Citing Cases

State v. General Electric Company

GE served its first notice for discovery and inspection in August 1988 and the Town responded in August 1989.…

People v. Hampton

In State of New York v General Elec. Co. (215 AD2d 928 [3d Dept 1995]), the Third Department remitted for a…