Maas v. Third Avenue Railway Co.

Appellate Division of the Supreme Court of New York

Maas v. Third Avenue Railway Co.

242 A.D. 704

Appellate Division of the Supreme Court of the State of New York·Decided July 15, 1934·Published

Opinion

Order reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. In our opinion the defendant and its representatives, by their words and conduct, misled plaintiffs and their attorney into the belief that the proper party defendant had been sued, and the present defendant and the Union Railway Company of New York city are so closely affiliated that no prejudice can result from granting plaintiffs’ motion. Young and Scudder, JJ., concur; Hagarty, J., concurs on authority of Lewis v. City of New York (241 App. Div. 754); Lazansky, P. J., and Davis, J., dissent.

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Order reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. In our opinion the defendant and its representatives, by their words and conduct, misled plaintiffs and their attorney into the belief that the proper party defendant had been sued, and the present defendant and the Union Railway Company of New York city are so closely affiliated that no prejudice can result from granting plaintiffs’ motion. Young and Scudder, JJ., concur; Hagarty, J., concurs on authority of Lewis v. City of New York (241 App. Div. 754); Lazansky, P. J., and Davis, J., dissent.

Maas v. Third Avenue Railway Co., 242 A.D. 704 (N.Y. Ct. App. 1934).

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Opinion

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