[DOWNLOAD] "Mark J. Sundt v. New York State Electric & Gas Corporation" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: Mark J. Sundt v. New York State Electric & Gas Corporation
- Author : Supreme Court of New York
- Release Date : January 28, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Order unanimously reversed, with costs, and matter remitted to Supreme Court, Wyoming County, for further proceedings in accordance with the following memorandum: After a jury verdict of no cause of action was returned against him, plaintiff moved pursuant to CPLR 1101 before the trial court for permission to proceed on appeal as a poor person. The trial court denied plaintiff's motion, notwithstanding a finding that a meritorious basis for appeal exists, because the plaintiff was currently employed. In determining whether a party should be afforded poor person status, a court should completely examine the party's over-all financial situation (see, e.g., Lancer v Lancer, 70 Misc. 2d 1045). The trial court failed to do so and erred in finding that plaintiff did not qualify as a poor person solely because of his employment. The trial court, in its sound discretion, should determine whether plaintiff qualifies as a poor person (Jenks v Murphy, 21 A.D.2d 346).