Glennerster v. Zorns Poultry Farms, 81 A.D.2d 607 (N.Y. App. Div. 1981). · Go Syfert
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Glennerster v. Zorns Poultry Farms, 81 A.D.2d 607 (N.Y. App. Div. 1981). Cases Citing This Book View Copy Cite
37 citation events (4 in the last 25 years) across 5 distinct courts.
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Lanza v. Carbone
N.Y. App. Div. · 2015 · confidence medium
Where an agreement consists of an unlawful objective in part and a lawful objective in part, the court may sever the illegal aspect and enforce the legal one, so long as the “illegal aspects are incidental to the legal aspects and are not the main objective of the agreement” (Donnell v Stogel, 161 AD2d 93, 97-98 [1990]; see Carruthers v Flaum, 365 F Supp 2d 448, 468 [SD NY 2005]; McCall v Frampton, 81 AD2d 607, 608 [1981]).
discussed Cited as authority (rule) Donnell v. Stogel
N.Y. Sup. Ct. · 1988 · confidence medium
(McCall v Frampton, 81 AD2d 607, 608 [2d Dept 1981].) Therefore, courts "closely [scrutinize]” these agreements to "determine whether the main objective of the agreement is aimed to produce that result”.
discussed Cited as authority (rule) Artache v. Goldin
N.Y. App. Div. · 1987 · confidence medium
The issue of whether the household and dental office ser vices alleged to have been rendered by the plaintiff are severable from the illegal aspects of the parties’ agreement is a factual question which must await a trial (see, McCall v Frampton, supra, at 609; cf., Matter of Estate of Steffes, 95 Wis 2d 490 , 290 NW2d 697 ).
cited Cited "see, e.g." Carruthers v. Flaum
S.D.N.Y. · 2005 · signal: see also · confidence low
Id.; see also McCall v. Frampton, 81 A.D.2d 607, 698-09 , 438 N.Y.S.2d 11 (2d Dep’t 1981); Rose v. Elias, 177 A.D.2d 415, 416 , 576 N.Y.S.2d 257 (1st Dep’t 1991).
Retrieving the full opinion text from the archive…
Joseph Glennerster
v.
Zorns Poultry Farms
Appellate Division of the Supreme Court of the State of New York.
Apr 13, 1981.
81 A.D.2d 607
Published

— In a personal injury action, defendant appeals from an order of the Supreme Court, Kings County, entered December 20, 1979, which granted plaintiff’s motion to compel defendant to accept service of a summons and complaint in a Supreme Court action. Order reversed, on the law, without costs or disbursements, and motion denied. While it is clear that defendant should be estopped from claiming that the Civil Court action should be dismissed due to lack of personal jurisdiction, nevertheless, plaintiff failed to establish that the acts of defendant, through its insurance carrier, should estop it from claiming that the Civil Court action was not transferred to the Supreme Court. Hopkins, J.P., Titone, Rabin and Hargett, JJ., concur.