In re the Claim of Gilbert

Appellate Division of the Supreme Court of New York

In re the Claim of Gilbert

254 A.D. 814, 4 N.Y.S.2d 753, 1938 N.Y. App. Div. LEXIS 7729

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

DecidedMay 11, 1938

StatusPublished

This text of 254 A.D. 814 (In re the Claim of Gilbert) 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

In re the Claim of Gilbert, 254 A.D. 814, 4 N.Y.S.2d 753, 1938 N.Y. App. Div. LEXIS 7729 (N.Y. Ct. App. 1938).

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Opinion

Order of February 10, 1938, reversed on the facts, as matter of discretion, with ten dollars costs and disbursements, and motion granted, as matter of discretion, without costs. Appeal from judgment dismissed as academic in view of our decision upon the motion. All concur. (The judgment awards claimant damages for injuries sustained while performing duties as a volunteer fireman. The order denies a motion by the town of Amherst to vacate the judgment and for a new trial and for a further physical examination.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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Order of February 10, 1938, reversed on the facts, as matter of discretion, with ten dollars costs and disbursements, and motion granted, as matter of discretion, without costs. Appeal from judgment dismissed as academic in view of our decision upon the motion. All concur. (The judgment awards claimant damages for injuries sustained while performing duties as a volunteer fireman. The order denies a motion by the town of Amherst to vacate the judgment and for a new trial and for a further physical examination.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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Bluebook (online)

254 A.D. 814, 4 N.Y.S.2d 753, 1938 N.Y. App. Div. LEXIS 7729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-gilbert-nyappdiv-1938.