Finkel v. Lozea

Appellate Division of the Supreme Court of New York

Finkel v. Lozea

281 A.D. 810, 118 N.Y.S.2d 756, 1953 N.Y. App. Div. LEXIS 3363

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

DecidedFebruary 3, 1953

StatusPublished

This text of 281 A.D. 810 (Finkel v. Lozea) 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

Finkel v. Lozea, 281 A.D. 810, 118 N.Y.S.2d 756, 1953 N.Y. App. Div. LEXIS 3363 (N.Y. Ct. App. 1953).

Pincite

Opinion

On defendant’s motion to strike allegations, plaintiffs’ counsel, on argument, consented to have stricken the words “ and still is ” from paragraph third of the amended complaint. The word “ arbitrarily ” in paragraph seventh is directed to be stricken. Accordingly, on defendant’s appeal, the order is unanimously modified to strike out the above-quoted words, and, as so modified, affirmed. On plaintiffs’ appeal, the order is unanimously affirmed in all respects, with $20 costs and disbursements to the defendant-respondent. Settle order on notice. Present — Peck, P. J., Dore, Van Yoorhis and Breitel, JJ.

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On defendant’s motion to strike allegations, plaintiffs’ counsel, on argument, consented to have stricken the words “ and still is ” from paragraph third of the amended complaint. The word “ arbitrarily ” in paragraph seventh is directed to be stricken. Accordingly, on defendant’s appeal, the order is unanimously modified to strike out the above-quoted words, and, as so modified, affirmed. On plaintiffs’ appeal, the order is unanimously affirmed in all respects, with $20 costs and disbursements to the defendant-respondent. Settle order on notice. Present — Peck, P. J., Dore, Van Yoorhis and Breitel, JJ.

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Bluebook (online)

281 A.D. 810, 118 N.Y.S.2d 756, 1953 N.Y. App. Div. LEXIS 3363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/finkel-v-lozea-nyappdiv-1953.