Scholl v. 90th Street & Jerome Avenue Corp.

258 A.D. 1043, 17 N.Y.S.2d 516

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 16, 1940
• Status: Published

Opinions

Orders modified by granting motions to the extent of striking out paragraphs Fourth to Sixteenth, inclusive, all of paragraph Third with the exception of that part which alleges that “ 190th Street & Jerome Avenue Corporation and Bronx Operating Co., Inc., were and still are domestic corporations ” and striking out from paragraph Seventeenth the words “ that by reason thereof,” and, as so modified, affirmed, with twenty dollars costs and disbursements to the appellants. No opinion.

Present—'Martin, P. J., O’Malley, Townley, Untermyer and Dore, JJ.; O’Malley, J., dissents and votes to affirm; dissenting opinion by O’Malley, J.