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

Appellate Division of the Supreme Court of the State of New York·Decided January 12, 1940·Published

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.

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).

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