Mastchenko v. Guaranty Trust Co.

Appellate Division of the Supreme Court of New York

Mastchenko v. Guaranty Trust Co.

216 A.D. 771

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1926·Published

Opinion

Order granting defendant’s motion to dismiss the first cause of action and to strike out certain paragraphs of the amended complaint modified by strildng therefrom the provision that directs that paragraph 23 of the amended complaint be stricken out, and as so modified affirmed, without costs, and with leave to plaintiff, if so advised, to serve an amended complaint. Rich, Jayeox, Kapper and Lazansky, JJ., concur; Kelly, P. J., dissents as to the dismissal of the first cause of action in the complaint, being of opinion that an issue of fact was presented.

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Order granting defendant’s motion to dismiss the first cause of action and to strike out certain paragraphs of the amended complaint modified by strildng therefrom the provision that directs that paragraph 23 of the amended complaint be stricken out, and as so modified affirmed, without costs, and with leave to plaintiff, if so advised, to serve an amended complaint. Rich, Jayeox, Kapper and Lazansky, JJ., concur; Kelly, P. J., dissents as to the dismissal of the first cause of action in the complaint, being of opinion that an issue of fact was presented.

Mastchenko v. Guaranty Trust Co., 216 A.D. 771 (N.Y. Ct. App. 1926).

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