O'Leary v. Dan

Appellate Division of the Supreme Court of New York

O'Leary v. Dan

248 A.D. 644

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

DecidedMay 15, 1936

StatusPublished

This text of 248 A.D. 644 (O'Leary v. Dan) 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

O'Leary v. Dan, 248 A.D. 644 (N.Y. Ct. App. 1936).

Pincite

Opinion

Plaintiff’s complaint was dismissed at the close of his evidence. There was a question, of fact to be submitted to the jury. (Same facts in a previous appeal from an order denying plaintiff’s motion for a summary judgment, 240 App. Div. 801.) Judgment and order reversed on the law and facts and new trial granted, with costs to the appellant to abide the event. Hill, P. J., McNamee and Bliss, JJ., concur; Crapser and Heffernan, JJ., dissent.

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Plaintiff’s complaint was dismissed at the close of his evidence. There was a question, of fact to be submitted to the jury. (Same facts in a previous appeal from an order denying plaintiff’s motion for a summary judgment, 240 App. Div. 801.) Judgment and order reversed on the law and facts and new trial granted, with costs to the appellant to abide the event. Hill, P. J., McNamee and Bliss, JJ., concur; Crapser and Heffernan, JJ., dissent.

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Bluebook (online)

248 A.D. 644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oleary-v-dan-nyappdiv-1936.