Ranbuska v. Ontario Knife Co.

Appellate Division of the Supreme Court of New York

Ranbuska v. Ontario Knife Co.

259 A.D. 968, 20 N.Y.S.2d 846, 1940 N.Y. App. Div. LEXIS 7459

Appellate Division of the Supreme Court of the State of New York·Decided May 8, 1940·Published

Opinion

Order affirmed, without costs of this appeal to either party, with leave to the defendant to plead the facts used to support its motion in an answer as a defense, and defendant is given ten days to answer after service of a copy of the order with notice of entry thereof. All concur, except Dowling, J., who dissents and votes for reversal and for granting the motion. (The order denies a motion to dismiss the complaint in a silicosis action.) Present • — ■ Crosby, P. J., Cunningham, Dowling, Harris and MeCum, JJ. [See post, p. 1057.]

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Order affirmed, without costs of this appeal to either party, with leave to the defendant to plead the facts used to support its motion in an answer as a defense, and defendant is given ten days to answer after service of a copy of the order with notice of entry thereof. All concur, except Dowling, J., who dissents and votes for reversal and for granting the motion. (The order denies a motion to dismiss the complaint in a silicosis action.) Present • — ■ Crosby, P. J., Cunningham, Dowling, Harris and MeCum, JJ. [See post, p. 1057.]

Ranbuska v. Ontario Knife Co., 259 A.D. 968, 20 N.Y.S.2d 846, 1940 N.Y. App. Div. LEXIS 7459 (N.Y. Ct. App. 1940).

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