Dragwa v. Tidewater Paper Mills Co.

Appellate Division of the Supreme Court of New York

Dragwa v. Tidewater Paper Mills Co.

173 A.D. 977

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1916·Published

Opinion

Order modified by striking therefrom the provision thereof permitting the service of an amended complaint, and in place thereof substituting the following: Ordered further that, upon plaintiff complying with the aforesaid condition, the direction dismissing the complaint be and the same hereby is set aside, with leave to the plaintiff to move at Special Term for permission to make and serve an amended complaint as he may be advised; order as so modified affirmed, without costs to either party. No opinion. Jenks, P. J., Carr, Stapleton and Mills, JJ., concurred; Thomas, J., dissented.

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Order modified by striking therefrom the provision thereof permitting the service of an amended complaint, and in place thereof substituting the following: Ordered further that, upon plaintiff complying with the aforesaid condition, the direction dismissing the complaint be and the same hereby is set aside, with leave to the plaintiff to move at Special Term for permission to make and serve an amended complaint as he may be advised; order as so modified affirmed, without costs to either party. No opinion. Jenks, P. J., Carr, Stapleton and Mills, JJ., concurred; Thomas, J., dissented.

Dragwa v. Tidewater Paper Mills Co., 173 A.D. 977 (N.Y. Ct. App. 1916).

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