Bogle v. City of New York
This text of 86 N.E.2d 179 (Bogle v. City of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
We cannot say, as a matter of law, on this record that there is no room for the exercise of discretion. The Appellate .Division having reversed the order of the Special Term and denied the motion upon questions of law, we accordingly reverse the order appealed from and remit the matter to that court for compliance with section 602 of the Civil Practice Act.
*621 The order of the Appellate Division should be reversed and the matter remitted to that court for compliance with section 602 of the Civil Practice Act, without costs.
Loughban, Ch. J., Lewis, Conway, Desmond, Dye, Fund and Bromley, JJ., concur.
Order reversed, etc.
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Cite This Page — Counsel Stack
86 N.E.2d 179, 299 N.Y. 620, 1949 N.Y. LEXIS 1077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bogle-v-city-of-new-york-ny-1949.