Banner Mfg. Co. v. Roadlin Realties, Inc.

Appellate Division of the Supreme Court of New York

Banner Mfg. Co. v. Roadlin Realties, Inc.

273 A.D. 974

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 19, 1948

DocketAppeal No. 2

StatusPublished

This text of 273 A.D. 974 (Banner Mfg. Co. v. Roadlin Realties, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Banner Mfg. Co. v. Roadlin Realties, Inc., 273 A.D. 974 (N.Y. Ct. App. 1948).

Pincite

Opinion

In an action by the tenant (appellant) to recover moneys paid in excess of the emergency rent (L. 1945, ch. 3, as amd.), order granting the defendant’s motion for judgment, under rule 113 of the Rules of Civil Practice, and denying plaintiff’s cross motion for leave to discontinue the action, and the judgment entered on the order, reversed- on the law and the facts, with $10 costs and disbursements, the defendant’s motion for judgment denied, without costs, and the plaintiff's cross motion for leave to discontinue the action granted upon payment by plaintiff of taxable costs to the date of the cross motion. Plaintiff was entitled to discontinue the action as a matter of right upon payment of costs. Lewis, P. J., Carswell, Johnston, Adel and Sneed, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action by the tenant (appellant) to recover moneys paid in excess of the emergency rent (L. 1945, ch. 3, as amd.), order granting the defendant’s motion for judgment, under rule 113 of the Rules of Civil Practice, and denying plaintiff’s cross motion for leave to discontinue the action, and the judgment entered on the order, reversed- on the law and the facts, with $10 costs and disbursements, the defendant’s motion for judgment denied, without costs, and the plaintiff's cross motion for leave to discontinue the action granted upon payment by plaintiff of taxable costs to the date of the cross motion. Plaintiff was entitled to discontinue the action as a matter of right upon payment of costs. Lewis, P. J., Carswell, Johnston, Adel and Sneed, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

273 A.D. 974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banner-mfg-co-v-roadlin-realties-inc-nyappdiv-1948.