Merritt v. Ellis
This text of 285 A.D. 1216 (Merritt v. Ellis) 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.
Opinion
Order reversed as a matter of discretion, without costs of this appeal to any party, and plaintiff’s motion granted, without costs. Memorandum: The history of the transaction and the various communications between counsel for the parties, together with the service and retention of the bill of particulars since April 28, 1954, require a reversal of the order appealed from as a matter of discretion and the granting of plaintiff’s motion. All concur. (Appeal from an order of Orleans Special Term, granting defendant’s motion to preclude and denying plaintiff’s motion to vacate the order of preclusion entered September 14, 1953.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.
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Cite This Page — Counsel Stack
285 A.D. 1216, 141 N.Y.S.2d 239, 1955 N.Y. App. Div. LEXIS 7192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merritt-v-ellis-nyappdiv-1955.