Curley v. Smith

Appellate Division of the Supreme Court of New York

Curley v. Smith

255 A.D. 952, 1938 N.Y. App. Div. LEXIS 5988

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

DecidedDecember 9, 1938

StatusPublished

Cited by2 cases

This text of 255 A.D. 952 (Curley v. Smith) 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

Curley v. Smith, 255 A.D. 952, 1938 N.Y. App. Div. LEXIS 5988 (N.Y. Ct. App. 1938).

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Opinion

Order, as resettled, unanimously modified by striking out the last two paragraphs thereof, and providing in lieu thereof as follows:— Ordered that the motion of the defendant-appellant to dismiss the Second cause of action alleged against him in the complaint be and the same hereby is granted upon the ground that the said cause of action didnot accrue within the time limited by law for the commencement of an action thereon, and that the [953]*953receiver has no capacity to sue on the cause of action arising out of section 278, subdivision 1, paragraph a, of the Debtor and Creditor Law. — And as so modified affirmed, with ten dollars costs and disbursements to the defendant-appellant against the plaintiff-appellant. No opinion. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ. [See 168 Misc. 494.]

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Order, as resettled, unanimously modified by striking out the last two paragraphs thereof, and providing in lieu thereof as follows:— Ordered that the motion of the defendant-appellant to dismiss the Second cause of action alleged against him in the complaint be and the same hereby is granted upon the ground that the said cause of action didnot accrue within the time limited by law for the commencement of an action thereon, and that the [953]*953receiver has no capacity to sue on the cause of action arising out of section 278, subdivision 1, paragraph a, of the Debtor and Creditor Law. — And as so modified affirmed, with ten dollars costs and disbursements to the defendant-appellant against the plaintiff-appellant. No opinion. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ. [See 168 Misc. 494.]

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Bluebook (online)

255 A.D. 952, 1938 N.Y. App. Div. LEXIS 5988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curley-v-smith-nyappdiv-1938.

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