McAllister v. Phelps

Appellate Division of the Supreme Court of New York

McAllister v. Phelps

258 A.D. 1035, 16 N.Y.S.2d 942, 1940 N.Y. App. Div. LEXIS 8725

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

DecidedJanuary 12, 1940

StatusPublished

This text of 258 A.D. 1035 (McAllister v. Phelps) 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

McAllister v. Phelps, 258 A.D. 1035, 16 N.Y.S.2d 942, 1940 N.Y. App. Div. LEXIS 8725 (N.Y. Ct. App. 1940).

Pincite

Opinion

Order affirmed, without costs of this appeal to either party. Memorandum: We find that in making the order appealed from the Special Term did not exceed the bounds of proper discretion. (Civ. Prac. Act, § 181; Rules [1036]*1036Civ. Prac. rule 156.) All concur. (The order denies on terms defendants’ motion to dismiss the complaint, in an automobile negligence action.) Present —■ Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.

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Order affirmed, without costs of this appeal to either party. Memorandum: We find that in making the order appealed from the Special Term did not exceed the bounds of proper discretion. (Civ. Prac. Act, § 181; Rules [1036]*1036Civ. Prac. rule 156.) All concur. (The order denies on terms defendants’ motion to dismiss the complaint, in an automobile negligence action.) Present —■ Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.

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Bluebook (online)

258 A.D. 1035, 16 N.Y.S.2d 942, 1940 N.Y. App. Div. LEXIS 8725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcallister-v-phelps-nyappdiv-1940.