Bourak Contracting Co. v. Dayton
This text of 242 A.D. 649 (Bourak Contracting Co. v. Dayton) 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.
Opinion
Order modified by striking therefrom all provisions settling or referring to the defendant’s account and all requirements as to notice to the persons therein [650]*650named, and also by striking therefrom the provisions construing the agreement of agency, and, as so modified, affirmed, with ten dollars costs and disbursements to the appellant. In our opinion the provisions of the order settling the defendant’s account and requiring notice to the persons therein named and also construing the agency agreement were manifestly improper. No such relief can be awarded to the defendant except after a trial and pursuant to a judgment. Lazansky, P. J., Young, Kapper, Tompkins and Davis, JJ., concur.
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Cite This Page — Counsel Stack
242 A.D. 649, 272 N.Y.S. 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bourak-contracting-co-v-dayton-nyappdiv-1934.