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Holland v. Schwartz

Appellate Division of the Supreme Court of New York, Second Department
Jul 2, 1940
259 App. Div. 1083 (N.Y. App. Div. 1940)

Opinion

July 2, 1940.


Order granting the plaintiffs a preference and setting the case down for immediate trial, reversed on the law and the facts, without costs, and the motion denied, without costs. Under the facts disclosed by this record, it is our opinion that the learned Special Term improperly exercised its discretion. Order striking from the answer the second separate defense of the defendants Schwartz, and the first, second and third separate defenses from the amended answer of the defendants Baust and Abbington, in so far as appealed from, affirmed, without costs. No opinion. Lazansky, P.J., Hagarty, Johnston, Adel and Close, JJ., concur.


Summaries of

Holland v. Schwartz

Appellate Division of the Supreme Court of New York, Second Department
Jul 2, 1940
259 App. Div. 1083 (N.Y. App. Div. 1940)
Case details for

Holland v. Schwartz

Case Details

Full title:DANIEL BRADFORD HOLLAND, an Infant, by LUCY V. HOLLAND, His Guardian ad…

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

Date published: Jul 2, 1940

Citations

259 App. Div. 1083 (N.Y. App. Div. 1940)

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