MacDonald v. City of Beacon

Appellate Division of the Supreme Court of New York

MacDonald v. City of Beacon

269 A.D. 754, 55 N.Y.S.2d 124, 1945 N.Y. App. Div. LEXIS 3634

Appellate Division of the Supreme Court of the State of New York·Decided April 16, 1945·Published·Cited by 1 cases

Opinion

Appeal by the plaintiff from an order dismissing the third and fourth causes of actions set forth in the complaint and from the judgment of dismissal entered pursuant to said order. Order and judgment reversed on the law, with $10 costs and disbursements, and the motion denied, with $10 costs, the defendant to serve its answer within ten days from the entry of the order hereon. (Holmes v. City of New York, ante, p. 95.) Close, P. J., Carswell, Johnston and Aldrich, JJ., concur; Adel, J., concurs, adhering, however, to the opinion expressed in his dissent in Holmes v. City of New York (supra). [183Misc. 1068.] [See post, p. 941.]

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Appeal by the plaintiff from an order dismissing the third and fourth causes of actions set forth in the complaint and from the judgment of dismissal entered pursuant to said order. Order and judgment reversed on the law, with $10 costs and disbursements, and the motion denied, with $10 costs, the defendant to serve its answer within ten days from the entry of the order hereon. (Holmes v. City of New York, ante, p. 95.) Close, P. J., Carswell, Johnston and Aldrich, JJ., concur; Adel, J., concurs, adhering, however, to the opinion expressed in his dissent in Holmes v. City of New York (supra). [183Misc. 1068.] [See post, p. 941.]

MacDonald v. City of Beacon, 269 A.D. 754, 55 N.Y.S.2d 124, 1945 N.Y. App. Div. LEXIS 3634 (N.Y. Ct. App. 1945).

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