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FIRST TRUST DEPOSIT COMPANY v. DENT

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 11, 1942
263 App. Div. 1059 (N.Y. App. Div. 1942)

Opinion

March 11, 1942.

Present — Crosby, P.J., Cunningham, Taylor, Dowling and Harris, JJ.


Order affirmed, without costs of this appeal to either party. Memorandum: We think that the application for an additional allowance was properly denied. The work for which an additional allowance was sought was occasioned by the defendant's motion for summary judgment. The plaintiff should not be penalized for interposing a defense to that motion, which defense, as we have held on the appeal from the order granting the motion for summary judgment, raised a triable issue of fact. Our affirmance of the order appealed from is not to be construed as in any way affecting the defendant's right to move for an additional allowance after the trial and disposition of the action itself. On the merits of that question, we express no opinion. All concur. (The order denies defendant's motion for an additional allowance of costs.)


Summaries of

FIRST TRUST DEPOSIT COMPANY v. DENT

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 11, 1942
263 App. Div. 1059 (N.Y. App. Div. 1942)
Case details for

FIRST TRUST DEPOSIT COMPANY v. DENT

Case Details

Full title:FIRST TRUST DEPOSIT COMPANY, Respondent, v. T. ASHLEY DENT, Appellant

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

Date published: Mar 11, 1942

Citations

263 App. Div. 1059 (N.Y. App. Div. 1942)