Evelyn Goldsmith Home for Crippled Children, Inc. v. Island Park Associates, Inc.

Appellate Division of the Supreme Court of New York

Evelyn Goldsmith Home for Crippled Children, Inc. v. Island Park Associates, Inc.

227 A.D. 668

Appellate Division of the Supreme Court of the State of New York·Decided July 15, 1929·Published

Opinion

Order affirmed, with ten dollars costs and disbursements. We think that a reply may be compelled to a plea in bar of a former judgment. (Mercantile Nat. Bank v. Corn Exch. Bank, 73 Hun, 78, 80; Olsen v. Singer Manufacturing Co., 138 App. Div. 407; Weglein v. Trow Directory, P. & B. Co., 152 id. 705, 709; Toplitz v. Garrigues, 71 id. 37, 39; Timble v. Russell, 41 Misc. 577, 579; Brinkerhoff v. Brinkerhoff, 8 Abb. N. C. 207.) But in view of defendants’ long delay in making the motion, we think that the learned Special Term properly exercised its discretion in denying it. Lazansky, P. J., Young, Kapper, Hagarty and Seeger, JJ., concur.

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Order affirmed, with ten dollars costs and disbursements. We think that a reply may be compelled to a plea in bar of a former judgment. (Mercantile Nat. Bank v. Corn Exch. Bank, 73 Hun, 78, 80; Olsen v. Singer Manufacturing Co., 138 App. Div. 407; Weglein v. Trow Directory, P. & B. Co., 152 id. 705, 709; Toplitz v. Garrigues, 71 id. 37, 39; Timble v. Russell, 41 Misc. 577, 579; Brinkerhoff v. Brinkerhoff, 8 Abb. N. C. 207.) But in view of defendants’ long delay in making the motion, we think that the learned Special Term properly exercised its discretion in denying it. Lazansky, P. J., Young, Kapper, Hagarty and Seeger, JJ., concur.

Evelyn Goldsmith Home for Crippled Children, Inc. v. Island Park Associates, Inc., 227 A.D. 668 (N.Y. Ct. App. 1929).

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Opinion

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