Brescia Coal, Feed & Lumber Corp. v. Scheuplein

Appellate Division of the Supreme Court of New York

Brescia Coal, Feed & Lumber Corp. v. Scheuplein

258 A.D. 920, 17 N.Y.S.2d 622, 1939 N.Y. App. Div. LEXIS 7585

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

DecidedDecember 26, 1939

StatusPublished

This text of 258 A.D. 920 (Brescia Coal, Feed & Lumber Corp. v. Scheuplein) 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

Brescia Coal, Feed & Lumber Corp. v. Scheuplein, 258 A.D. 920, 17 N.Y.S.2d 622, 1939 N.Y. App. Div. LEXIS 7585 (N.Y. Ct. App. 1939).

Pincite

Opinion

Action to compel the application of the proceeds of a policy of fire insurance to payment of plaintiff’s mechanic’s lien. Order dismissing the first cause of action set forth in the plaintiff’s amended complaint upon the ground that it fails to set forth a cause of action against the respondent modified by striking out everything in the decretal paragraph following the words “ New York Co-Operative Underwriters ” and in place thereof inserting a provision that appellant may plead over, if so advised. As thus modified, the order is unanimously affirmed, without costs. Appellant’s complaint to be served within ten days from the entry of the order hereon. The judgment appealed from is vacated. No opinion. Present —■ Hagarty, Carswell, Adel, Taylor and Close, JJ.

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Action to compel the application of the proceeds of a policy of fire insurance to payment of plaintiff’s mechanic’s lien. Order dismissing the first cause of action set forth in the plaintiff’s amended complaint upon the ground that it fails to set forth a cause of action against the respondent modified by striking out everything in the decretal paragraph following the words “ New York Co-Operative Underwriters ” and in place thereof inserting a provision that appellant may plead over, if so advised. As thus modified, the order is unanimously affirmed, without costs. Appellant’s complaint to be served within ten days from the entry of the order hereon. The judgment appealed from is vacated. No opinion. Present —■ Hagarty, Carswell, Adel, Taylor and Close, JJ.

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Bluebook (online)

258 A.D. 920, 17 N.Y.S.2d 622, 1939 N.Y. App. Div. LEXIS 7585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brescia-coal-feed-lumber-corp-v-scheuplein-nyappdiv-1939.