Weyhrauch v. Miller

Appellate Division of the Supreme Court of New York

Weyhrauch v. Miller

242 A.D. 641

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

DecidedJune 15, 1934

StatusPublished

This text of 242 A.D. 641 (Weyhrauch v. Miller) 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

Weyhrauch v. Miller, 242 A.D. 641 (N.Y. Ct. App. 1934).

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Opinion

Order, so far as it grants plaintiff’s cross-motion for leave to serve a further amended complaint, reversed on the law and the facts, with ten dollars costs and disbursements, and plaintiff’s cross-motion denied, without costs. In our opinion, there is no difference in substance between the proposed amended complaint and the former amended complaint, held by this court to be defective. (Weyhrauch v. Miller, 240 App. Div. 863.) Young, Hagarty, Carswell and Davis, JJ., concur; Seudder, J., dissents.

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Order, so far as it grants plaintiff’s cross-motion for leave to serve a further amended complaint, reversed on the law and the facts, with ten dollars costs and disbursements, and plaintiff’s cross-motion denied, without costs. In our opinion, there is no difference in substance between the proposed amended complaint and the former amended complaint, held by this court to be defective. (Weyhrauch v. Miller, 240 App. Div. 863.) Young, Hagarty, Carswell and Davis, JJ., concur; Seudder, J., dissents.

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Bluebook (online)

242 A.D. 641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weyhrauch-v-miller-nyappdiv-1934.

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