Gibberman v. City of Long Beach

Appellate Division of the Supreme Court of New York

Gibberman v. City of Long Beach

259 A.D. 846, 20 N.Y.S.2d 403, 1940 N.Y. App. Div. LEXIS 6953

Appellate Division of the Supreme Court of the State of New York·Decided April 19, 1940·Published

Opinion

Order denying appellant’s motion for judgment on the pleadings dismissing the complaint, on the ground that there is a material variance between the cause of action as set forth in the notice of claim and intention to sue and the cause of action pleaded in the complaint, affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.

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Order denying appellant’s motion for judgment on the pleadings dismissing the complaint, on the ground that there is a material variance between the cause of action as set forth in the notice of claim and intention to sue and the cause of action pleaded in the complaint, affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.

Gibberman v. City of Long Beach, 259 A.D. 846, 20 N.Y.S.2d 403, 1940 N.Y. App. Div. LEXIS 6953 (N.Y. Ct. App. 1940).

Pincite

259 A.D. 846 (Gibberman v. City of Long Beach) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.