Weitz v. Simmons Tours, Inc.

Full title: FRANK WEITZ, Respondent-Appellant, v. SIMMONS TOURS, INC.…

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

Date published: Mar 14, 1949

275 App. Div. 696 (N.Y. App. Div. 1949)

Opinion

March 14, 1949.

Present — Peck, P.J., Glennon, Callahan, Van Voorhis and Shientag, JJ.;

Order, so far as appealed from by the defendant-appellant, affirmed. Order, so far as appealed from by plaintiff-appellant, reversed, with $20 costs and disbursements to the plaintiff-respondent-appellant and the motion granted as to items 1 and 2. The examination of the defendant-appellant shall proceed at Supreme Court, Special Term, Part II, New York County, within forty-eight hours after the service on defendant of a copy of the order, with notice of entry thereof. No opinion.

Glennon and Callahan, JJ., dissent in part and vote to affirm on the appeal by the plaintiff.