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Slater v. Gulf, Mobile and Ohio Railroad Company

Appellate Division of the Supreme Court of New York, First Department
Nov 29, 1951
279 App. Div. 655 (N.Y. App. Div. 1951)

Opinion

November 29, 1951. Republished.

Present — Peck, P.J., Glennon, Dore, Cohn and Callahan, JJ. [See ante, p. 166; post, p. 790.]


Order dated April 19, 1951, denying plaintiffs' motion for summary judgment unanimously affirmed. Order dated April 27, 1951, granting defendants' cross motion with leave to the plaintiffs to serve an amended complaint as to the second cause of action is modified (two of the justices dissenting in part) upon the law and the facts; and on the stipulation at Special Term, defendants' cross motion as to the second cause of action is considered as one for summary judgment and said motion is granted dismissing the complaint without leave to plaintiffs to replead; and, as so modified, said order is affirmed, with $20 costs and disbursements on said appeals to defendants. Opinion by Dore, J., Glennon and Cohn, JJ., concur; Peck, P.J., and Callahan, J., dissent in part in dissenting opinion.


Summaries of

Slater v. Gulf, Mobile and Ohio Railroad Company

Appellate Division of the Supreme Court of New York, First Department
Nov 29, 1951
279 App. Div. 655 (N.Y. App. Div. 1951)
Case details for

Slater v. Gulf, Mobile and Ohio Railroad Company

Case Details

Full title:WILLIAM A. SLATER et al., as Trustees under the Will of WILLIAM A. SLATER…

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

Date published: Nov 29, 1951

Citations

279 App. Div. 655 (N.Y. App. Div. 1951)