Associated Painting Employers of Brooklyn, Inc. v. Kessler

Appellate Division of the Supreme Court of New York

Associated Painting Employers of Brooklyn, Inc. v. Kessler

257 A.D. 986, 13 N.Y.S.2d 631, 1939 N.Y. App. Div. LEXIS 8819

Appellate Division of the Supreme Court of the State of New York·Decided June 27, 1939·Published·Cited by 2 cases

Opinion

Resettled order dismissing the complaint on the ground that the plaintiff did not have legal capacity to sue and was not the real party in interest, and denying plaintiff’s motion for a temporary injunction, reversed on the law, with ten dollars costs and disbursements, defendants’ motion to dismiss the complaint denied, with ten dollars costs, and matter remitted to the Special Term to decide whether or not a temporary injunction should issue. Leave is given to respondents to answer within ten days from the entry of the order hereon. In our opinion plaintiff had legal capacity to sue. (Civ. Prac. Act, § 210; United Cloak & Suit Designers Mut. Aid Assn. v. Sigman, 218 App. Div. 367.) Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.

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Resettled order dismissing the complaint on the ground that the plaintiff did not have legal capacity to sue and was not the real party in interest, and denying plaintiff’s motion for a temporary injunction, reversed on the law, with ten dollars costs and disbursements, defendants’ motion to dismiss the complaint denied, with ten dollars costs, and matter remitted to the Special Term to decide whether or not a temporary injunction should issue. Leave is given to respondents to answer within ten days from the entry of the order hereon. In our opinion plaintiff had legal capacity to sue. (Civ. Prac. Act, § 210; United Cloak & Suit Designers Mut. Aid Assn. v. Sigman, 218 App. Div. 367.) Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.

Associated Painting Employers of Brooklyn, Inc. v. Kessler, 257 A.D. 986, 13 N.Y.S.2d 631, 1939 N.Y. App. Div. LEXIS 8819 (N.Y. Ct. App. 1939).

Pincite

257 A.D. 986 (Associated Painting Employers of Brooklyn, Inc. v. Kessler) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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