Clark Plastering Co. v. Seaboard Surety Co.

Full title: CLARK PLASTERING COMPANY, Appellant, v. SEABOARD SURETY COMPANY, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: May 20, 1932

235 App. Div. 449 (N.Y. App. Div. 1932)

257 N.Y.S. 469

Opinion

May 20, 1932.

Appeal from Supreme Court of New York County.

Gustave B. Garfield of counsel [ Garfield Seligson, attorneys], for the appellant.

Thomas Kiernan of counsel [ Orison S. Marden with him on the brief; White Case, attorneys], for the respondent.

Present — FINCH, P.J., MERRELL, McAVOY, MARTIN and SHERMAN, JJ.

PER CURIAM.

For the reasons stated in the opinion of the court, herewith handed down ( 235 App. Div. 444), in the companion appeal from an order denying defendant's motion to dismiss the complaint for insufficiency, it is determined that that order should be reversed and the motion granted. It becomes unnecessary, therefore, to decide whether or not a defense interposed to such complaint is sufficient in law.

The appeal should be dismissed, without costs.

PER CURIAM.

Appeal dismissed, without costs.