Jakuboski v. Matson Navigation Co.

Appellate Division of the Supreme Court of New York

Jakuboski v. Matson Navigation Co.

263 A.D. 819, 32 N.Y.S.2d 107, 1941 N.Y. App. Div. LEXIS 5134

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

DecidedDecember 1, 1941

StatusPublished

This text of 263 A.D. 819 (Jakuboski v. Matson Navigation Co.) 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

Jakuboski v. Matson Navigation Co., 263 A.D. 819, 32 N.Y.S.2d 107, 1941 N.Y. App. Div. LEXIS 5134 (N.Y. Ct. App. 1941).

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Opinion

Order granting on condition defendants’ motion for leave to serve an amended answer modified on the law and the facts by striking therefrom “ on condition that within ten (10) days after service of a copy of this order the defendants file a stipulation waiving the right to claim at the trial that plaintiff failed to make seasonable rescission and offer to return the compensation benefits.” As so modified, the order, in so far as appealed from, is affirmed, without costs, the proposed amended answer to be served within ten days from the entry of the order hereon. The issues as presented by the pleadings should be tried without limitation. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.

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Order granting on condition defendants’ motion for leave to serve an amended answer modified on the law and the facts by striking therefrom “ on condition that within ten (10) days after service of a copy of this order the defendants file a stipulation waiving the right to claim at the trial that plaintiff failed to make seasonable rescission and offer to return the compensation benefits.” As so modified, the order, in so far as appealed from, is affirmed, without costs, the proposed amended answer to be served within ten days from the entry of the order hereon. The issues as presented by the pleadings should be tried without limitation. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.

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Bluebook (online)

263 A.D. 819, 32 N.Y.S.2d 107, 1941 N.Y. App. Div. LEXIS 5134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jakuboski-v-matson-navigation-co-nyappdiv-1941.