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Diesel Installation Corp. v. Nu-Boro Park Cleaners

Appellate Division of the Supreme Court of New York, Second Department
Sep 29, 1941
262 App. Div. 969 (N.Y. App. Div. 1941)

Opinion

September 29, 1941.


Order dated July 9, 1941, modified on the law and the facts by striking out the last ordering paragraph and substituting therefor a provision to the effect that Nu-Boro Park Cleaners, Inc., the defendant in Action No. 1 and the plaintiff in Action No. 2, shall have the right to open and close upon the trial of the consolidated action. As thus modified the order, in so far as appealed from, is affirmed, with ten dollars costs and disbursements to appellant. Appeal from the order dated August 7, 1941, dismissed, without costs. Action No. 1 was instituted by the service of a summons without a complaint and the plaintiff having moved for consolidation waived the right to open and close. Lazansky, P.J., Johnston, Adel, Taylor and Close, JJ., concur.


Summaries of

Diesel Installation Corp. v. Nu-Boro Park Cleaners

Appellate Division of the Supreme Court of New York, Second Department
Sep 29, 1941
262 App. Div. 969 (N.Y. App. Div. 1941)
Case details for

Diesel Installation Corp. v. Nu-Boro Park Cleaners

Case Details

Full title:DIESEL INSTALLATION CORPORATION OF AMERICA, Respondent, v. NU-BORO PARK…

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

Date published: Sep 29, 1941

Citations

262 App. Div. 969 (N.Y. App. Div. 1941)