Embarrato v. Adams

Appellate Division of the Supreme Court of New York

Embarrato v. Adams

2 A.D.2d 877, 156 N.Y.S.2d 299, 1956 N.Y. App. Div. LEXIS 3998

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

DecidedNovember 7, 1956

StatusPublished

This text of 2 A.D.2d 877 (Embarrato v. Adams) 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.

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Embarrato v. Adams, 2 A.D.2d 877, 156 N.Y.S.2d 299, 1956 N.Y. App. Div. LEXIS 3998 (N.Y. Ct. App. 1956).

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Opinion

The allegations of the amended petition having been admitted for the purposes of this motion, the petition, which appears to be sufficient, should not have been dismissed. In the absence of answer by respondent police commissioner, it cannot he said that petitioner would not be entitled to some relief. Order granting respondents’ motion to dismiss the amended petition herein, and order dismissing petitioner’s amended petition, unanimously reversed, with $20 costs and disbursements to the appellant, with leave to the respondents to answer. Settle order on notice. Concur — Peck, P. J., Breitel, Cox, Frank and Bastow, JJ.

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The allegations of the amended petition having been admitted for the purposes of this motion, the petition, which appears to be sufficient, should not have been dismissed. In the absence of answer by respondent police commissioner, it cannot he said that petitioner would not be entitled to some relief. Order granting respondents’ motion to dismiss the amended petition herein, and order dismissing petitioner’s amended petition, unanimously reversed, with $20 costs and disbursements to the appellant, with leave to the respondents to answer. Settle order on notice. Concur — Peck, P. J., Breitel, Cox, Frank and Bastow, JJ.

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Bluebook (online)

2 A.D.2d 877, 156 N.Y.S.2d 299, 1956 N.Y. App. Div. LEXIS 3998, Counsel Stack Legal Research, https://law.counselstack.com/opinion/embarrato-v-adams-nyappdiv-1956.