Legal Opinion
York Agents, Inc. v. Bethlehem Steel Corp.
Appellate Division of the Supreme Court of the State of New York
Decided February 18, 1971PublishedCited by 4 opinions
1Opinion of the CourtNunez, J.
The defendant appeals from an order entered in New York County (Levey, J.) on July 2,1970, granting summary judgment to the plaintiff on the issue of liability only and denying defendant’s cross motion for the same relief.
The pertinent facts in this litigation are sufficiently stated in the dissenting opinion and need not be repeated herein. We agree with Justice Steuer that referral to a private Referee to determine whether the papers submitted disclosed any triable issue was unwarranted. The referred question should have been determined by Special Term in the first instance. But the…
2Cases cited2 opinions
- Wester v. . Casein Co. of AmericaNew York Court of Appeals · 1912
- Dimon v. Federal Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1925
3Cited by4 opinions
- DiFolco v. MSNBC Cable L.L.C.Court of Appeals for the Second Circuit · 2010
- Kiernan v. LindsayDistrict Court, S.D. New York · 1971
- DiFolco v. MSNBC Cable L.L.C.District Court, S.D. New York · 2011
- Briarwood Farms, Inc. v. Toll Bros., Inc.Court of Appeals for the Second Circuit · 2011