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Klein v. Spear, Leeds Kellogg

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1971
36 A.D.2d 615 (N.Y. App. Div. 1971)

Opinion

February 1, 1971


Appeal by plaintiff, as limited by his brief, (1) from so much of an order of the Supreme Court, Kings County, dated June 3, 1969, as, on respondents' motion, granted them summary judgment dismissing the first cause of action as to them and severed the action and (2) from so much of a second order of said court, dated September 23, 1969, as, on reargument, (a) adhered to the original decision granting respondents summary judgment, etc., and (b) denied appellant's application for leave to replead the first cause of action. Order dated September 23, 1969 affirmed insofar as appealed from. No opinion. Appeal from order dated June 3, 1969 dismissed. This order was superseded by the order dated September 23, 1969, which granted reargument. Respondents are awarded a single bill of $25 costs and disbursements, to cover the appeals from both orders. Hopkins, Acting P.J., Latham, Christ, Brennan and Benjamin, JJ., concur.


Summaries of

Klein v. Spear, Leeds Kellogg

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1971
36 A.D.2d 615 (N.Y. App. Div. 1971)
Case details for

Klein v. Spear, Leeds Kellogg

Case Details

Full title:ERNEST KLEIN, Appellant, v. SPEAR, LEEDS KELLOGG et al., Defendants, and…

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

Date published: Feb 1, 1971

Citations

36 A.D.2d 615 (N.Y. App. Div. 1971)