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

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

DecidedJanuary 15, 1934

StatusPublished

This text of 241 A.D. 623 (Gillman & Gertler, Inc. v. Kingston Homes, Inc.) 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

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

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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.

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Bluebook (online)

241 A.D. 623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gillman-gertler-inc-v-kingston-homes-inc-nyappdiv-1934.

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