Kerr v. Sumnick

264 A.D. 766, 35 N.Y.S.2d 720, 1942 N.Y. App. Div. LEXIS 4610

Opinion

Order unanimously reversed, with twenty dollars costs and disbursements, and the motion granted. We are of the opinion that section 51-a of the Civil Practice Act is applicable and that the defendant should be given the benefit thereof. Settle order on notice. Present ■ — ■ Martin, P. J., Townley, Glennon, Cohn and Callahan, JJ.