Callendar v. De Andrea

Appellate Division of the Supreme Court of New York

Callendar v. De Andrea

258 A.D. 908, 17 N.Y.S.2d 397, 1939 N.Y. App. Div. LEXIS 7542

Appellate Division of the Supreme Court of the State of New York·Decided December 19, 1939·Published

Opinion

In an action for false imprisonment claimed to have resulted from the erroneous refusal of the defendant, a city magistrate, to accept plaintiff’s application for bail, the defendant’s motion for judgment on the pleadings under rule 113 of the Rules of Civil Practice was granted. From the order granting the motion and the judgment entered thereon the plaintiff appeals. Order and judgment unanimously affirmed, with ten dollars costs and disbursements. No opinion. Present —■ Hagarty, Carswell, Adel, Taylor and Close, JJ.

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In an action for false imprisonment claimed to have resulted from the erroneous refusal of the defendant, a city magistrate, to accept plaintiff’s application for bail, the defendant’s motion for judgment on the pleadings under rule 113 of the Rules of Civil Practice was granted. From the order granting the motion and the judgment entered thereon the plaintiff appeals. Order and judgment unanimously affirmed, with ten dollars costs and disbursements. No opinion. Present —■ Hagarty, Carswell, Adel, Taylor and Close, JJ.

Callendar v. De Andrea, 258 A.D. 908, 17 N.Y.S.2d 397, 1939 N.Y. App. Div. LEXIS 7542 (N.Y. Ct. App. 1939).

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