Strauss v. Linsky

Appellate Division of the Supreme Court of New York

Strauss v. Linsky

283 A.D. 692

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

DecidedJanuary 13, 1954

StatusPublished

This text of 283 A.D. 692 (Strauss v. Linsky) 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

Strauss v. Linsky, 283 A.D. 692 (N.Y. Ct. App. 1954).

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Opinion

Order unanimously modified so as to strike out the words “without prejudice, for failure of proof”, on the ground that such reservation is not authorized under rule 113 of the Rules of Civil Practice and, as so modified, affirmed. Leave is granted, however, to the plaintiff to apply at Special Term for a rehearing if he is able to supply affidavits actually setting forth the evidentiary facts heretofore found lacking. Present — Dore, J. P., Callahan, Breitel, Botein and Bergan, JJ.

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Order unanimously modified so as to strike out the words “without prejudice, for failure of proof”, on the ground that such reservation is not authorized under rule 113 of the Rules of Civil Practice and, as so modified, affirmed. Leave is granted, however, to the plaintiff to apply at Special Term for a rehearing if he is able to supply affidavits actually setting forth the evidentiary facts heretofore found lacking. Present — Dore, J. P., Callahan, Breitel, Botein and Bergan, JJ.

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Bluebook (online)

283 A.D. 692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strauss-v-linsky-nyappdiv-1954.