Bogle v. City of New York

New York Court of Appeals

Bogle v. City of New York

86 N.E.2d 179, 299 N.Y. 620, 1949 N.Y. LEXIS 1077

New York Court of Appeals·Decided April 20, 1949·Published·Cited by 2 cases

Opinion

Per Curiam.

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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Per Curiam.

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.

Bogle v. City of New York, 86 N.E.2d 179, 299 N.Y. 620, 1949 N.Y. LEXIS 1077 (N.Y. 1949).

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Opinion

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