Staszak v. Buffalo Transit Co.

Appellate Division of the Supreme Court of New York

Staszak v. Buffalo Transit Co.

2 A.D.2d 652, 152 N.Y.S.2d 24, 1956 N.Y. App. Div. LEXIS 5274

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

DecidedMay 21, 1956

StatusPublished

This text of 2 A.D.2d 652 (Staszak v. Buffalo Transit Co.) 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.

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Staszak v. Buffalo Transit Co., 2 A.D.2d 652, 152 N.Y.S.2d 24, 1956 N.Y. App. Div. LEXIS 5274 (N.Y. Ct. App. 1956).

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Opinion

Judgment and order reversed on the law, with costs to the appellants, and a new trial granted without prejudice to the plaintiffs to move to amend their complaint at Special Term if so advised. Memorandum: We are of the opinion that to dismiss the complaint upon the opening was error. (French v. Central N. Y. Power Corp., 275 App. Div. 238.) All concur. (Appeal from a judgment of Erie Trial Term dismissing the complaint on the opening of plaintiff. The order directed dismissal of the complaint and denied plaintiffs’ motion to amend the complaint to include matters stated in the opening.) Present—MeCurn, P. J., Kimball, Wheeler, Williams and Bastow, JJ.

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Judgment and order reversed on the law, with costs to the appellants, and a new trial granted without prejudice to the plaintiffs to move to amend their complaint at Special Term if so advised. Memorandum: We are of the opinion that to dismiss the complaint upon the opening was error. (French v. Central N. Y. Power Corp., 275 App. Div. 238.) All concur. (Appeal from a judgment of Erie Trial Term dismissing the complaint on the opening of plaintiff. The order directed dismissal of the complaint and denied plaintiffs’ motion to amend the complaint to include matters stated in the opening.) Present—MeCurn, P. J., Kimball, Wheeler, Williams and Bastow, JJ.

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Bluebook (online)

2 A.D.2d 652, 152 N.Y.S.2d 24, 1956 N.Y. App. Div. LEXIS 5274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/staszak-v-buffalo-transit-co-nyappdiv-1956.