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Greenwald v. Trimfoot Co.

Citations: 221 A.D.2d 245; 633 N.Y.S.2d 960; 1995 N.Y. App. Div. LEXIS 12099

Court: Appellate Division of the Supreme Court of the State of New York; November 20, 1995; New York; State Appellate Court

Narrative Opinion Summary

Order from the Supreme Court of New York County, issued by Justice Herman Cahn on November 9, 1994, denied the motions for summary judgment. This decision was unanimously affirmed, with no costs or disbursements awarded. Additionally, the court transferred the action to the Civil Court, which was also unanimously affirmed without costs or disbursements. The plaintiff's motion to compel payment of half the costs for printing the record was granted, in accordance with the rules of the Appellate Division, First Department (22 NYCRR 600.11[d]). The decision was concurred by Justices Rosenberger, Ellerin, Rubin, Asch, and Nardelli.

Legal Issues Addressed

Costs for Printing the Record

Application: The plaintiff's request for the defendant to cover half the costs of printing the record was approved in accordance with specific court rules.

Reasoning: The plaintiff's motion to compel payment of half the costs for printing the record was granted, in accordance with the rules of the Appellate Division, First Department (22 NYCRR 600.11[d]).

Denial of Summary Judgment

Application: The court's decision to deny the motions for summary judgment was upheld upon review.

Reasoning: Order from the Supreme Court of New York County, issued by Justice Herman Cahn on November 9, 1994, denied the motions for summary judgment. This decision was unanimously affirmed, with no costs or disbursements awarded.

Transfer of Action to Civil Court

Application: The Supreme Court's decision to transfer the action to the Civil Court was affirmed on appeal.

Reasoning: Additionally, the court transferred the action to the Civil Court, which was also unanimously affirmed without costs or disbursements.