Levinson v. Meinken

Appellate Division of the Supreme Court of New York

Levinson v. Meinken

231 A.D. 701

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

DecidedNovember 15, 1930

StatusPublished

This text of 231 A.D. 701 (Levinson v. Meinken) 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

Levinson v. Meinken, 231 A.D. 701 (N.Y. Ct. App. 1930).

Pincite

Opinion

Per Curiam.

Plaintiffs’ causes of action are at law. No facts entitling plaintiffs to equitable relief were either pleaded or proved. Consequently the conclusion of the Special Term was correct. By its form, however, the order appealed from might be construed as tantamount to a determination in defendants’ favor [702]*702upon the first cause of action set forth in the complaint, which was tried out before the court. Accordingly, the order appealed from should be modified to provide that the complaint is dismissed, without prejudice to the rights of either party to this action, and as so modified affirmed, with ten dollars costs and disbursements to respondents. Present—Dowling, P. J., Merrell, Martin, O’Malley and Sherman, JJ. Order modified to provide that the complaint is dismissed, without prejudice to the rights of either party to this action, and as so modified affirmed, with ten dollars costs and disbursements to the respondents.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Plaintiffs’ causes of action are at law. No facts entitling plaintiffs to equitable relief were either pleaded or proved. Consequently the conclusion of the Special Term was correct. By its form, however, the order appealed from might be construed as tantamount to a determination in defendants’ favor [702]*702upon the first cause of action set forth in the complaint, which was tried out before the court. Accordingly, the order appealed from should be modified to provide that the complaint is dismissed, without prejudice to the rights of either party to this action, and as so modified affirmed, with ten dollars costs and disbursements to respondents. Present—Dowling, P. J., Merrell, Martin, O’Malley and Sherman, JJ. Order modified to provide that the complaint is dismissed, without prejudice to the rights of either party to this action, and as so modified affirmed, with ten dollars costs and disbursements to the respondents.

Cite This Page — Counsel Stack

Bluebook (online)

231 A.D. 701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levinson-v-meinken-nyappdiv-1930.