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Matter of Manhattan Funding Corp. v. Gellert

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1966
25 A.D.2d 682 (N.Y. App. Div. 1966)

Opinion

March 28, 1966


In a proceeding to determine the amount due appellant for his services as an attorney (Judiciary Law, § 475), he appeals from an order of the Supreme Court, Kings County, entered October 5, 1965, which denied his motion for a change of venue and referred the proceeding to a Special Referee to hear and report. Order modified by striking out the second decretal paragraph thereof, which directs the reference, and by substituting therefor a provision that appellant is permitted to answer or move against the petition. Order, as so modified, affirmed, without costs. Appellant's time to answer or move against the petition is extended until 10 days after service of a copy of the order to be entered hereon, with notice of entry. In the present posture of this proceeding, appellant has been deprived of an opportunity to answer or move against the petition, by reason of his inadvertent failure to answer or move within the statutory time. In the interest of justice, he should be given that opportunity before a hearing is held. Beldock, P.J., Christ, Hill, Rabin and Benjamin, JJ., concur.


Summaries of

Matter of Manhattan Funding Corp. v. Gellert

Appellate Division of the Supreme Court of New York, Second Department
Mar 28, 1966
25 A.D.2d 682 (N.Y. App. Div. 1966)
Case details for

Matter of Manhattan Funding Corp. v. Gellert

Case Details

Full title:In the Matter of MANHATTAN FUNDING CORP., Respondent, v. PERCY G. GELLERT…

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

Date published: Mar 28, 1966

Citations

25 A.D.2d 682 (N.Y. App. Div. 1966)