From Casetext: Smarter Legal Research

Wilbur v. Lane

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1928
225 App. Div. 690 (N.Y. App. Div. 1928)

Opinion

November, 1928.


Order granting motion to dismiss second amended complaint, and judgment entered thereon, affirmed, without costs, in so far as the first cause of action is concerned. Rich, Young, Seeger and Scudder, JJ., concur; Lazansky, P.J., dissents and votes for a reversal. In so far as the second cause of action is concerned, order granting motion to dismiss second amended complaint, and judgment entered thereon, reversed upon the law and the facts, without costs, and motion denied, without costs. We cannot say, from a reading of the second cause of action, that the transaction for which compensation is asked by plaintiff is the same transaction for which compensation is asked in the first cause of action. Lazansky, P.J., Rich and Young, JJ., concur; Seeger and Scudder, JJ., dissent.


Summaries of

Wilbur v. Lane

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1928
225 App. Div. 690 (N.Y. App. Div. 1928)
Case details for

Wilbur v. Lane

Case Details

Full title:CLINTON G. WILBUR, Appellant, v. MORTIMER B. LANE and Others, Respondents

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

Date published: Nov 1, 1928

Citations

225 App. Div. 690 (N.Y. App. Div. 1928)