Levine v. Carr

Appellate Division of the Supreme Court of New York

Levine v. Carr

11 A.D.2d 721, 204 N.Y.S.2d 634, 1960 N.Y. App. Div. LEXIS 9131

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

DecidedJune 20, 1960

StatusPublished

This text of 11 A.D.2d 721 (Levine v. Carr) 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

Levine v. Carr, 11 A.D.2d 721, 204 N.Y.S.2d 634, 1960 N.Y. App. Div. LEXIS 9131 (N.Y. Ct. App. 1960).

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Opinion

In an action for a partition and other relief, the defendant appeals from an order of the Supreme Court, Nassau County, dated February 4, 1960, denying his motion to dismiss the complaint for insufficiency on its face. Appeal dismissed, with $10 costs and disbursements. Appellant has failed to submit a proper record as required by statute and rule (Civ. Prae. Act, § 616; Rules Civ. Prae., rule' 234; cf. Whipple v. Bipson, 29 App. Div. 70; Matter of Gowdey, 101 App. Div. 275). We have, however, examined the complaint. In our opinion it is sufficient, and, if we were not dismissing the appeal, we would affirm the. order. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.

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In an action for a partition and other relief, the defendant appeals from an order of the Supreme Court, Nassau County, dated February 4, 1960, denying his motion to dismiss the complaint for insufficiency on its face. Appeal dismissed, with $10 costs and disbursements. Appellant has failed to submit a proper record as required by statute and rule (Civ. Prae. Act, § 616; Rules Civ. Prae., rule' 234; cf. Whipple v. Bipson, 29 App. Div. 70; Matter of Gowdey, 101 App. Div. 275). We have, however, examined the complaint. In our opinion it is sufficient, and, if we were not dismissing the appeal, we would affirm the. order. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.

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Bluebook (online)

11 A.D.2d 721, 204 N.Y.S.2d 634, 1960 N.Y. App. Div. LEXIS 9131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levine-v-carr-nyappdiv-1960.

Opinion

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