McLaughlin v. George Gushue, Inc.

Full title: MARGUERITE A. McLAUGHLIN, Respondent, v. GEORGE GUSHUE, INC., Appellant…

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

Date published: Dec 1, 1929

228 App. Div. 647 (N.Y. App. Div. 1929)

Opinion

December, 1929.

Order affirmed, with ten dollars costs and disbursements. While plaintiff was not entitled to summary judgment under rule 113,^† the action not being one to recover liquidated damages, it clearly appears that she was entitled to relief under rules 109 and 112,^_ since the defense was insufficient in law, and in light thereof the denial was sham. Lazansky, P.J., Rich, Young, Seeger and Scudder, JJ., concur.

† See Rules Civ. Prac. — [REP.

_ Revd., 254 N.Y. 107.