Gillman & Gertler, Inc. v. Kingston Homes, Inc.

Appellate Division of the Supreme Court of New York

Gillman & Gertler, Inc. v. Kingston Homes, Inc.

241 A.D. 623

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1934·Published

Opinion

Judgment reversed on the law, without costs, without prejudice, however, to the respondents to make such motion with reference to the complaint, to dismiss for failure to prosecute or otherwise, as they may be advised. The complaint should not have been dismissed on the ground that there was a defect of parties. (McKnight v. Bank of New York & Trust Co., 254 N. Y. 417, 422.) Lazansky, P. J., Hagarty, Carswell, Scudder and Tompkins, JJ., concur.

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Judgment reversed on the law, without costs, without prejudice, however, to the respondents to make such motion with reference to the complaint, to dismiss for failure to prosecute or otherwise, as they may be advised. The complaint should not have been dismissed on the ground that there was a defect of parties. (McKnight v. Bank of New York & Trust Co., 254 N. Y. 417, 422.) Lazansky, P. J., Hagarty, Carswell, Scudder and Tompkins, JJ., concur.

Gillman & Gertler, Inc. v. Kingston Homes, Inc., 241 A.D. 623 (N.Y. Ct. App. 1934).

Pincite

241 A.D. 623 (Gillman & Gertler, Inc. v. Kingston Homes, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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