Standard Accident Insurance v. Marks

Appellate Division of the Supreme Court of New York

Standard Accident Insurance v. Marks

233 A.D. 466, 253 N.Y.S. 342, 1931 N.Y. App. Div. LEXIS 11331

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

DecidedNovember 13, 1931

StatusPublished

Cited by4 cases

This text of 233 A.D. 466 (Standard Accident Insurance v. Marks) 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

Standard Accident Insurance v. Marks, 233 A.D. 466, 253 N.Y.S. 342, 1931 N.Y. App. Div. LEXIS 11331 (N.Y. Ct. App. 1931).

Pincite

Opinion

Per Curiam.

Our affirmance of the order denying plaintiff’s motion for summary judgment (228 App. Div. 769) is not conclusive of the question here presented. It was a holding merely that the defendant had presented a triable issue. Nor by our affirmance did we adopt the reasoning of Special Term.

In the circumstances we are of opinion that the motion to amend should have been granted.

The order should be reversed, with ten dollars costs and disbursements, and the motion granted upon payment of taxable costs to the date of the making of the motion.

Present — Finch, P. J., McAvoy, Martin, O’Malley and Townley, JJ.

Order reversed, with ten dollars costs and disbursements, and motion granted on payment of taxable costs to date of the making of the motion.

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