Winbush v. City of Mount Vernon

283 A.D. 950, 130 N.Y.S.2d 90, 1954 N.Y. App. Div. LEXIS 5900

This text of 283 A.D. 950 (Winbush v. City of Mount Vernon) 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
Winbush v. City of Mount Vernon, 283 A.D. 950, 130 N.Y.S.2d 90, 1954 N.Y. App. Div. LEXIS 5900 (N.Y. Ct. App. 1954).

Opinion

Upon remission of this appeal from the Court of Appeals (306 N. Y. 327), in pursuance of section 606 of the Civil Practice Act, for determination of the question of fact as to discretion, order of Special Term denying motion to dismiss the first and third causes of action and granting the cross motion to amend the notice of claim, insofar as not affirmed heretofore, affirmed, without costs. In the situation here presented, we find that discretion Was properly exercised to grant the motion to amend the notice of claim. Adel, Acting P. J., Wenzel, MacCrate, Schmidt and Beldock, JJ., concur.

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Related

Winbush v. City of Mount Vernon
118 N.E.2d 459 (New York Court of Appeals, 1954)

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Bluebook (online)
283 A.D. 950, 130 N.Y.S.2d 90, 1954 N.Y. App. Div. LEXIS 5900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winbush-v-city-of-mount-vernon-nyappdiv-1954.