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De Puy v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1948
273 App. Div. 905 (N.Y. App. Div. 1948)

Opinion

March 15, 1948.


Defendants Benjamin Miller and 97 Associates, Inc., appeal from an order denying their motion to place the cause upon the Trial Term calendar for trial by jury. Pursuant to stipulation of the parties that the counterclaim for a declaratory judgment contained in the amended answer of defendants Benjamin Miller and 97 Associates, Inc., against the plaintiff and defendants Harrison Hotel Corporation and Margaret Residences, Inc., and the defenses to said counterclaim, whether by denials or affirmative defenses, interposed by plaintiff and defendants Harrison Hotel Corporation and Margaret Residences, Inc., be withdrawn; that defendants Harrison Hotel Corporation and Margaret Residences, Inc., withdraw as parties hereto; and that the withdrawal of counterclaims, defenses and parties aforesaid shall be deemed to be on the merits, the order is reversed, without costs, the motion granted, and the cause is ordered to be placed on the Trial Term calendar of the Supreme Court, Kings County, for the April, 1948, Term. Lewis, P.J., Carswell, Johnston, Adel and Sneed, JJ., concur.


Summaries of

De Puy v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1948
273 App. Div. 905 (N.Y. App. Div. 1948)
Case details for

De Puy v. Miller

Case Details

Full title:ELI D. DE PUY, Respondent, v. BENJAMIN MILLER et al., Appellants, et al.…

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

Date published: Mar 15, 1948

Citations

273 App. Div. 905 (N.Y. App. Div. 1948)