From Casetext: Smarter Legal Research

Glow-Brite Electrical Service v. Frocol Rest

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1977
56 A.D.2d 909 (N.Y. App. Div. 1977)

Opinion

March 28, 1977


In an action to recover the balance due on an oral contract to supply certain labor, services and materials, defendant appeals from a judgment of the Supreme Court, Kings County, entered April 14, 1976, which is in favor of plaintiff and against it, after a nonjury trial. Judgment affirmed, with costs. Trial Term's decision is adequately supported by the record. Any objections which defendant might have interposed to the introduction of plaintiff's evidence were waived by its failure to make such objections at the trial. The trial court did not abuse its discretion in refusing to grant defendant an adjournment of the trial after the case had been set down peremptorily. Margett, Acting P.J., Shapiro, Titone and O'Connor, JJ., concur.


Summaries of

Glow-Brite Electrical Service v. Frocol Rest

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1977
56 A.D.2d 909 (N.Y. App. Div. 1977)
Case details for

Glow-Brite Electrical Service v. Frocol Rest

Case Details

Full title:GLOW-BRITE ELECTRICAL SERVICE CORPORATION, Respondent, v. FROCOL…

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

Date published: Mar 28, 1977

Citations

56 A.D.2d 909 (N.Y. App. Div. 1977)

Citing Cases

Tomaino v. Tomaino

We find no merit to defendant's claim of prejudicial error by the court in refraining from conducting a…

Orellano v. Samples Tire Equip. Sup. Corp.

CPLR 302 (a) (1) was never asserted at Special Term as a jurisdictional basis. An appellate court should not,…