Gallagher v. Pagliaro

Appellate Division of the Supreme Court of New York

Gallagher v. Pagliaro

278 A.D. 898, 104 N.Y.S.2d 895, 1951 N.Y. App. Div. LEXIS 5109

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

DecidedJune 5, 1951

StatusPublished

Cited by1 cases

This text of 278 A.D. 898 (Gallagher v. Pagliaro) 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

Gallagher v. Pagliaro, 278 A.D. 898, 104 N.Y.S.2d 895, 1951 N.Y. App. Div. LEXIS 5109 (N.Y. Ct. App. 1951).

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Opinions

Per Curiam.

In a proper case we would vindicate the plenary power of our Supreme Court under its general equity jurisdiction to grant the relief asked for in the fifth cause of action but, under the particular facts and circumstances of this case, we deem it unnecessary to pass upon that issue. In affirming, we do not adopt the reasoning of the trial court.

The judgment, so far as appealed from, should in all respects be affirmed, with costs to respondent.

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Per Curiam.

In a proper case we would vindicate the plenary power of our Supreme Court under its general equity jurisdiction to grant the relief asked for in the fifth cause of action but, under the particular facts and circumstances of this case, we deem it unnecessary to pass upon that issue. In affirming, we do not adopt the reasoning of the trial court.

The judgment, so far as appealed from, should in all respects be affirmed, with costs to respondent.

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Bluebook (online)

278 A.D. 898, 104 N.Y.S.2d 895, 1951 N.Y. App. Div. LEXIS 5109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallagher-v-pagliaro-nyappdiv-1951.

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