Polansky v. Sobel

Appellate Division of the Supreme Court of New York

Polansky v. Sobel

285 A.D. 1178, 141 N.Y.S.2d 69, 1955 N.Y. App. Div. LEXIS 7071

Appellate Division of the Supreme Court of the State of New York·Decided May 23, 1955·Published·Cited by 1 cases

Opinion

Order dismissing proceeding unanimously affirmed, with $10 costs and disbursements. The proceeding was properly dismissed as a matter of law. (Civ. Prac. Act., § 1285.) The authority of Matter of Murtagh v. Leibowitz (303 N. Y. 311) is not to the contrary. In that case there had not been, as here, a prior determination, which could be reviewed on appeal. In any event the dismissal of the proceeding was proper in the exercise of discretion. (Matter of Hogan v. Court of General Sessions, 296 N. Y. 1, 8, 9.) Present — Wenzel, Acting P. J., Schmidt, Beldoek, Murphy and Ughetta, JJ,

Free access — add to your briefcase to read the full text and ask questions with AI

Order dismissing proceeding unanimously affirmed, with $10 costs and disbursements. The proceeding was properly dismissed as a matter of law. (Civ. Prac. Act., § 1285.) The authority of Matter of Murtagh v. Leibowitz (303 N. Y. 311) is not to the contrary. In that case there had not been, as here, a prior determination, which could be reviewed on appeal. In any event the dismissal of the proceeding was proper in the exercise of discretion. (Matter of Hogan v. Court of General Sessions, 296 N. Y. 1, 8, 9.) Present — Wenzel, Acting P. J., Schmidt, Beldoek, Murphy and Ughetta, JJ,

Polansky v. Sobel, 285 A.D. 1178, 141 N.Y.S.2d 69, 1955 N.Y. App. Div. LEXIS 7071 (N.Y. Ct. App. 1955).

Pincite

285 A.D. 1178 (Polansky v. Sobel) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related