Miller v. Stewart Warner Corp.

Appellate Division of the Supreme Court of New York

Miller v. Stewart Warner Corp.

255 A.D. 1010, 8 N.Y.S.2d 800, 1938 N.Y. App. Div. LEXIS 6253

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

DecidedDecember 23, 1938

StatusPublished

This text of 255 A.D. 1010 (Miller v. Stewart Warner Corp.) 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

Miller v. Stewart Warner Corp., 255 A.D. 1010, 8 N.Y.S.2d 800, 1938 N.Y. App. Div. LEXIS 6253 (N.Y. Ct. App. 1938).

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Opinion

In an action to recover damages for alleged malicious prosecution, order denying appellant’s motion to dismiss the amended complaint on the ground that it does not state facts sufficient to constitute a cause of action reversed on the law, with ten dollars costs and disbursements, and motion granted, without costs, on authority of Di Bernardo v. Stewart Warner Corporation (ante, p. 1004), decided herewith. Plaintiffs may serve a new complaint within ten days from the entry of the order hereon if they be so advised. Lazansky, P. J., Adel, Taylor and Close, JJ., concur; Davis, J., dissents and votes to affirm.

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In an action to recover damages for alleged malicious prosecution, order denying appellant’s motion to dismiss the amended complaint on the ground that it does not state facts sufficient to constitute a cause of action reversed on the law, with ten dollars costs and disbursements, and motion granted, without costs, on authority of Di Bernardo v. Stewart Warner Corporation (ante, p. 1004), decided herewith. Plaintiffs may serve a new complaint within ten days from the entry of the order hereon if they be so advised. Lazansky, P. J., Adel, Taylor and Close, JJ., concur; Davis, J., dissents and votes to affirm.

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Bluebook (online)

255 A.D. 1010, 8 N.Y.S.2d 800, 1938 N.Y. App. Div. LEXIS 6253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-stewart-warner-corp-nyappdiv-1938.