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Matter of Every v. County of Ulster

Appellate Division of the Supreme Court of New York, Third Department
May 20, 1953
281 App. Div. 1060 (N.Y. App. Div. 1953)

Opinion

May 20, 1953.


Upon remission of this appeal from the Court of Appeals ( 304 N.Y. 924) in pursuance of section 606 of the Civil Practice Act, for determination of the questions of fact involved, the order of the County Court is reversed, on the facts, and the motion to permit the late filing of the claim by the infant against the county is granted. The court finds the facts to be as stated in the moving papers on the application; upon the facts thus found it exercises a discretion to grant the motion; and it regards the denial of the motion upon such facts to have been improvident. Settle order. Foster, P.J., Bergan, Coon, Halpern and Imrie, JJ., concur.


Summaries of

Matter of Every v. County of Ulster

Appellate Division of the Supreme Court of New York, Third Department
May 20, 1953
281 App. Div. 1060 (N.Y. App. Div. 1953)
Case details for

Matter of Every v. County of Ulster

Case Details

Full title:In the Matter of FRANCIS EVERY, Petitioner, and HARVEY L. EVERY, an…

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

Date published: May 20, 1953

Citations

281 App. Div. 1060 (N.Y. App. Div. 1953)