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Mersereau v. Simon

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1938
255 App. Div. 997 (N.Y. App. Div. 1938)

Opinion

December 16, 1938.


Order dismissing the plaintiff's complaint for failure to state a cause of action reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs; defendant to have ten days to serve his answer after the entry of the order hereon. Assuming the allegations of the complaint to be true, it states a cause of action. ( Dunn v. Chambers, 4 Barb. 376; Roux v. Rothschild, 37 Misc. 435; Schwarz v. Reznick, 257 Ill. 479; 100 N.E. 900.) Lazansky, P.J., Hagarty, Carswell, Johnston and Close, JJ., concur.


Summaries of

Mersereau v. Simon

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1938
255 App. Div. 997 (N.Y. App. Div. 1938)
Case details for

Mersereau v. Simon

Case Details

Full title:LEAVITT MERSEREAU, Appellant, v. WILLIAM SIMON, Respondent

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

Date published: Dec 16, 1938

Citations

255 App. Div. 997 (N.Y. App. Div. 1938)

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