Stone v. Jacobson

Appellate Division of the Supreme Court of New York

Stone v. Jacobson

257 A.D. 915, 12 N.Y.S.2d 775, 1939 N.Y. App. Div. LEXIS 8383

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

DecidedMay 17, 1939

StatusPublished

This text of 257 A.D. 915 (Stone v. Jacobson) 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

Stone v. Jacobson, 257 A.D. 915, 12 N.Y.S.2d 775, 1939 N.Y. App. Div. LEXIS 8383 (N.Y. Ct. App. 1939).

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Opinion

Order modified, by granting leave to plead over upon payment of the costs provided in the order appealed from and as so modified affirmed, without costs of this appeal to either party. Memorandum: The second defense which by the order is stricken from the answer is insufficient because it does not state facts showing that the plaintiff is not a proper party-plaintiff under the provisions of section 193 of the Civil Practice Act. Ah concur. (The order grants plaintiff’s motion to strike out certain parts of defendant’s amended answer.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.

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Order modified, by granting leave to plead over upon payment of the costs provided in the order appealed from and as so modified affirmed, without costs of this appeal to either party. Memorandum: The second defense which by the order is stricken from the answer is insufficient because it does not state facts showing that the plaintiff is not a proper party-plaintiff under the provisions of section 193 of the Civil Practice Act. Ah concur. (The order grants plaintiff’s motion to strike out certain parts of defendant’s amended answer.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.

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Bluebook (online)

257 A.D. 915, 12 N.Y.S.2d 775, 1939 N.Y. App. Div. LEXIS 8383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stone-v-jacobson-nyappdiv-1939.