Wiren v. Long Island Railroad
222 A.D. 812
Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1928·Published·Cited by 2 cases
Opinion
Judgment reversed upon the law, on argument, and a new trial granted, costs to abide the event. This court again disapproves of the practice of dismissing complaints on the pleadings and the opening of counsel except where it appears beyond doubt that no question of fact is involved. Here questions of fact were presented. If there were a variance between pleading and statement, plaintiff’s effort toward amendment should have been heeded. Lazansky, P. J., Rich, Young, Kapper and Hagarty, JJ., concur.
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Wiren v. Long Island Railroad, 222 A.D. 812 (N.Y. Ct. App. 1928).
222 A.D. 812 (Wiren v. Long Island Railroad) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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