Graziadei v. White Co.

Appellate Division of the Supreme Court of New York

Graziadei v. White Co.

248 A.D. 680

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1936·Published

Opinion

Order modified and as modified affirmed, with ten dollars costs and disbursements. Memorandum: Under the facts presented by appellant, unexplained and unrefuted by respondent, the imposing of the condition contained in the order was unauthorized. All concur. (The order denies motion for dismissal of complaint for failure to prosecute an action for damages sustained by reason of fraud in the purchase of a truck.) Present — Sears, P. J., Taylor, Thompson, Crosby and Lewis, JJ.

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Order modified and as modified affirmed, with ten dollars costs and disbursements. Memorandum: Under the facts presented by appellant, unexplained and unrefuted by respondent, the imposing of the condition contained in the order was unauthorized. All concur. (The order denies motion for dismissal of complaint for failure to prosecute an action for damages sustained by reason of fraud in the purchase of a truck.) Present — Sears, P. J., Taylor, Thompson, Crosby and Lewis, JJ.

Graziadei v. White Co., 248 A.D. 680 (N.Y. Ct. App. 1936).

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