Kellar v. Johnson

Appellate Division of the Supreme Court of New York

Kellar v. Johnson

9 A.D.2d 685, 192 N.Y.S.2d 492, 1959 N.Y. App. Div. LEXIS 6727

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

DecidedOctober 13, 1959

StatusPublished

This text of 9 A.D.2d 685 (Kellar v. Johnson) 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

Kellar v. Johnson, 9 A.D.2d 685, 192 N.Y.S.2d 492, 1959 N.Y. App. Div. LEXIS 6727 (N.Y. Ct. App. 1959).

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Opinion

In a consolidated action to recover damages for assault and battery, false arrest and defamation, the complaints were dismissed pursuant to rule 302 of the Rules of Civil Practice. The appeal by notice dated June 29, 1959 is (1) from an order entered June 2, 1959 which denied appellants’ motion to open their default, and (2) from so much of an order entered June 2, 1959 as on reargument adhered to the original decision. Order on reargument insofar as appealed from affirmed, with $10 costs and disbursements. No opinion. Appeal from order denying motion to open default dismissed, without costs. (Cf. Graffeo v. Graffeo, 7 A D 2d 741.) Nolan, P. J., Wenzel, Beldock, Ughetta and Hallinan, JJ., concur.

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In a consolidated action to recover damages for assault and battery, false arrest and defamation, the complaints were dismissed pursuant to rule 302 of the Rules of Civil Practice. The appeal by notice dated June 29, 1959 is (1) from an order entered June 2, 1959 which denied appellants’ motion to open their default, and (2) from so much of an order entered June 2, 1959 as on reargument adhered to the original decision. Order on reargument insofar as appealed from affirmed, with $10 costs and disbursements. No opinion. Appeal from order denying motion to open default dismissed, without costs. (Cf. Graffeo v. Graffeo, 7 A D 2d 741.) Nolan, P. J., Wenzel, Beldock, Ughetta and Hallinan, JJ., concur.

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Bluebook (online)

9 A.D.2d 685, 192 N.Y.S.2d 492, 1959 N.Y. App. Div. LEXIS 6727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kellar-v-johnson-nyappdiv-1959.