Nassauer v. Tagliabue

Appellate Division of the Supreme Court of New York

Nassauer v. Tagliabue

188 A.D. 982

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

DecidedJune 15, 1919

DocketAppeal No. 3

StatusPublished

This text of 188 A.D. 982 (Nassauer v. Tagliabue) 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.

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Nassauer v. Tagliabue, 188 A.D. 982 (N.Y. Ct. App. 1919).

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— Order affirmed, with ten dollars costs and disbursements. This action, begun in 1918, to recover $50,000 for fraud in 1902, led to many motions, orders and proceedings, that raised questions of difficulty. Finally came a refusal of leave to amend the complaint because such proposed new pleading would be inconsistent with the original_ complaint. From this order no appeal was taken, but instead the action was discontinued. We, therefore, cannot say that the learned court at Special Term was wrong in imposing a $250 allowance as a condition for leave to discontinue. (Matter of Waverly Water Works Co., 85 N. Y. 478; People v. Bootman, 180 id. 1; Miller v. Clary, 147 App. Div. 255; Assets Collecting Co. v. Myers, No. 1, 170 id. 265.) Jenks, P. J., Mills, Rich, Putnam and Blackmar, JJ., concurred.

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— Order affirmed, with ten dollars costs and disbursements. This action, begun in 1918, to recover $50,000 for fraud in 1902, led to many motions, orders and proceedings, that raised questions of difficulty. Finally came a refusal of leave to amend the complaint because such proposed new pleading would be inconsistent with the original_ complaint. From this order no appeal was taken, but instead the action was discontinued. We, therefore, cannot say that the learned court at Special Term was wrong in imposing a $250 allowance as a condition for leave to discontinue. (Matter of Waverly Water Works Co., 85 N. Y. 478; People v. Bootman, 180 id. 1; Miller v. Clary, 147 App. Div. 255; Assets Collecting Co. v. Myers, No. 1, 170 id. 265.) Jenks, P. J., Mills, Rich, Putnam and Blackmar, JJ., concurred.

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188 A.D. 982, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nassauer-v-tagliabue-nyappdiv-1919.

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