Fisher v. Bourne

Appellate Division of the Supreme Court of New York

Fisher v. Bourne

239 A.D. 768

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

DecidedApril 15, 1933

StatusPublished

This text of 239 A.D. 768 (Fisher v. Bourne) 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

Fisher v. Bourne, 239 A.D. 768 (N.Y. Ct. App. 1933).

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Opinion

Order so far as appealed from modified by providing that the motion to dismiss the first and second partial defenses and counterclaims be granted without leave to plead over on a breach of warranty theory, but with leave to plead anew in other respects, and as so modified affirmed, with twenty dollars costs and disbursements to the appellant. The answer as so amended to be served within ten days from date of entry of order. No opinion. Present — Finch, P. J., McAvoy, Martin, O’Malley and Townley, JJ.

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Order so far as appealed from modified by providing that the motion to dismiss the first and second partial defenses and counterclaims be granted without leave to plead over on a breach of warranty theory, but with leave to plead anew in other respects, and as so modified affirmed, with twenty dollars costs and disbursements to the appellant. The answer as so amended to be served within ten days from date of entry of order. No opinion. Present — Finch, P. J., McAvoy, Martin, O’Malley and Townley, JJ.

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Bluebook (online)

239 A.D. 768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fisher-v-bourne-nyappdiv-1933.