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Smith v. Avener

Appellate Division of the Supreme Court of New York, Second Department
Sep 1, 1932
236 App. Div. 761 (N.Y. App. Div. 1932)

Opinion

September, 1932.


Order denying motion to dismiss complaint for insufficiency affirmed, with ten dollars costs and disbursements. The appealing defendant may answer within ten days from the entry of the order herein. We are of opinion that the facts should be elicited upon a trial before the questions of law involved are determined. Lazansky, P.J., Young, Kapper, Hagarty and Carswell, JJ., concur.


Summaries of

Smith v. Avener

Appellate Division of the Supreme Court of New York, Second Department
Sep 1, 1932
236 App. Div. 761 (N.Y. App. Div. 1932)
Case details for

Smith v. Avener

Case Details

Full title:ROSCOE W. SMITH, Individually and as Executor, etc., of IRVING D. SMITH…

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

Date published: Sep 1, 1932

Citations

236 App. Div. 761 (N.Y. App. Div. 1932)