Williams v. McIntyre

Appellate Division of the Supreme Court of New York

Williams v. McIntyre

275 A.D.2d 792

Appellate Division of the Supreme Court of the State of New York·Decided April 25, 1949·Published

Opinion

On the facts disclosed by the record, appellant was entitled to a dismissal of respondent’s complaint without conditions, and it was an improvident exercise of discretion to deny appellant such relief. (Cf. Maraynes v. Orseck Boys, Inc., 274 App. Div. 1070; Ferber v. Newgold, 133 App. Div. 739; Tuttle v. Dubuque Fire & Marine Ins. Co., 155 App. Div. 802.) Nolan, P. J., Carswell, Johnston, Adel and Wenzel, JJ., concur.

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On the facts disclosed by the record, appellant was entitled to a dismissal of respondent’s complaint without conditions, and it was an improvident exercise of discretion to deny appellant such relief. (Cf. Maraynes v. Orseck Boys, Inc., 274 App. Div. 1070; Ferber v. Newgold, 133 App. Div. 739; Tuttle v. Dubuque Fire & Marine Ins. Co., 155 App. Div. 802.) Nolan, P. J., Carswell, Johnston, Adel and Wenzel, JJ., concur.

Williams v. McIntyre, 275 A.D.2d 792 (N.Y. Ct. App. 1949).

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Opinion

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