Maas v. Third Avenue Railway Co.
This text of 242 A.D. 704 (Maas v. Third Avenue Railway Co.) 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.
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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242 A.D. 704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maas-v-third-avenue-railway-co-nyappdiv-1934.