Edel v. James

Appellate Division of the Supreme Court of New York

Edel v. James

255 A.D. 750, 7 N.Y.S.2d 231, 1938 N.Y. App. Div. LEXIS 5001

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

DecidedSeptember 21, 1938

StatusPublished

This text of 255 A.D. 750 (Edel v. James) 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

Edel v. James, 255 A.D. 750, 7 N.Y.S.2d 231, 1938 N.Y. App. Div. LEXIS 5001 (N.Y. Ct. App. 1938).

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Opinion

Motion for peremptory order of mandamus denied, without costs. Memorandum: Thom the papers it appears that the Supreme Court acted upon the petition of Lynn Unger and in effect denied the application. If this was erroneous, it could have been corrected by appeal or possibly by a motion for a rehearing. The petition of Lynn Unger could not be made the basis for a further application and the additional affidavit presented on the attempted renewal, if treated as a new petition, was not timely. Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.

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Motion for peremptory order of mandamus denied, without costs. Memorandum: Thom the papers it appears that the Supreme Court acted upon the petition of Lynn Unger and in effect denied the application. If this was erroneous, it could have been corrected by appeal or possibly by a motion for a rehearing. The petition of Lynn Unger could not be made the basis for a further application and the additional affidavit presented on the attempted renewal, if treated as a new petition, was not timely. Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.

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Bluebook (online)

255 A.D. 750, 7 N.Y.S.2d 231, 1938 N.Y. App. Div. LEXIS 5001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edel-v-james-nyappdiv-1938.