Geheran v. Emigrant Industrial Savings Bank

Appellate Division of the Supreme Court of New York

Geheran v. Emigrant Industrial Savings Bank

250 A.D. 869, 297 N.Y.S. 152, 1937 N.Y. App. Div. LEXIS 9491

Appellate Division of the Supreme Court of the State of New York·Decided April 26, 1937·Published

Opinion

— -Order denying plaintiff’s motion to strike out the answer under section 299 of the Civil Practice Act reversed on the law and the facts, with ten dollars costs and disbursements, and motion to strike out granted, with ten dollars costs, unless within five days from the entry of the order hereon the defendant appear and complete its examination before trial and pay to the plaintiff the sum of twenty-five dollars; in which event the order is affirmed, with ten dollars costs and disbursements to appellant. Lazansky, P. J., Carswell, Davis, Johnston and Close, JJ., concur.

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— -Order denying plaintiff’s motion to strike out the answer under section 299 of the Civil Practice Act reversed on the law and the facts, with ten dollars costs and disbursements, and motion to strike out granted, with ten dollars costs, unless within five days from the entry of the order hereon the defendant appear and complete its examination before trial and pay to the plaintiff the sum of twenty-five dollars; in which event the order is affirmed, with ten dollars costs and disbursements to appellant. Lazansky, P. J., Carswell, Davis, Johnston and Close, JJ., concur.

Geheran v. Emigrant Industrial Savings Bank, 250 A.D. 869, 297 N.Y.S. 152, 1937 N.Y. App. Div. LEXIS 9491 (N.Y. Ct. App. 1937).

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