Merrill v. Lehigh Valley Railroad

Appellate Division of the Supreme Court of New York

Merrill v. Lehigh Valley Railroad

246 A.D. 541

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1935·Published

Opinion

Order denying motion for entry of judgment in favor of the plaintiff after his death, under the provisions of sections 476 and 478 of the Civil Practice Act, affirmed, without costs. The facts concerning the settlement alleged to have been made are in dispute, and the plaintiff is not entitled to enter judgment on the alleged agreement of settlement. Lazansky, P. J., Scudder, Tompkins, Davis and Johnston, JJ., concur.

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Order denying motion for entry of judgment in favor of the plaintiff after his death, under the provisions of sections 476 and 478 of the Civil Practice Act, affirmed, without costs. The facts concerning the settlement alleged to have been made are in dispute, and the plaintiff is not entitled to enter judgment on the alleged agreement of settlement. Lazansky, P. J., Scudder, Tompkins, Davis and Johnston, JJ., concur.

Merrill v. Lehigh Valley Railroad, 246 A.D. 541 (N.Y. Ct. App. 1935).

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