Friedman v. Odora Company, Inc.

Full title: SAMUEL FRIEDMAN, Appellant, v. ODORA COMPANY, INC., et al., Respondents

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

Date published: Dec 12, 1947

273 App. Div. 755 (N.Y. App. Div. 1947)

Opinion

December 12, 1947.

Present — Peck, P.J., Dore, Cohn, Callahan and Shientag, JJ.

We find that the three defenses attacked are insufficient in law. (See Pollitz v. Wabash Railroad Co., No. 1, 150 App. Div. 709; Pollitz v. Wabash Railroad Co., No. 2, 150 App. Div. 715. ) Order, so far as appealed from, unanimously modified by granting plaintiff's cross motion to dismiss said defenses and by denying examination of plaintiff before trial on item 8 in said order and as so modified affirmed, with $20 costs and disbursements to the appellant. Settle order on notice.