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Allen v. Carsted Realty Corporation

Appellate Division of the Supreme Court of New York, First Department
May 1, 1928
223 App. Div. 869 (N.Y. App. Div. 1928)

Opinion

May, 1928.

Appeal from Supreme Court, New York County.


The complaint alleges in terms that the action of the defendants was unreasonable and arbitrary. It moreover alleges a specific basis upon which the defendants predicated their conduct. We cannot say as a matter of law that this conduct was reasonable. Whether under all the circumstances of the case the defendants acted unreasonably and arbitrarily is a question of fact to be decided upon a trial. The order should, therefore, be affirmed, with ten dollars costs and disbursements, with leave to the defendants to answer within twenty days from service of order upon payment of said costs.

Present — Dowling, P.J., Merrell, Finch, McAvoy and Proskauer, JJ. Order affirmed, with ten dollars costs and disbursements, with leave to the defendants to answer within twenty days from service of order upon payment of said costs.


Summaries of

Allen v. Carsted Realty Corporation

Appellate Division of the Supreme Court of New York, First Department
May 1, 1928
223 App. Div. 869 (N.Y. App. Div. 1928)
Case details for

Allen v. Carsted Realty Corporation

Case Details

Full title:ALICE A. ALLEN, Respondent, v. CARSTED REALTY CORPORATION and Others…

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

Date published: May 1, 1928

Citations

223 App. Div. 869 (N.Y. App. Div. 1928)

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