Ringler v. Jetter. No. 2

Full title: MARIE A. RINGLER, Individually, GEORGE F. TROMMER and Another, as Trustees…

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

Date published: Nov 2, 1923

206 App. Div. 480 (N.Y. App. Div. 1923)

Opinion

November 2, 1923.

Holley Oxenberg [ Myle J. Holley of counsel], for the appellants.

Phillips, Leibell Fielding [ Vincent L. Leibell of counsel; Paul F. Lorzer with him on the brief], for the respondents.

Present — CLARKE, P.J., DOWLING, FINCH, McAVOY and MARTIN, JJ.

PER CURIAM:

For the reasons stated in the opinion of Mr. Justice McAVOY in Ringler v. Jetter, No. 1 ( 206 App. Div. 478), herewith handed down, the order herein appealed from should be reversed, with ten dollars costs and disbursements, and the motion granted to the extent of directing the service of an amended complaint omitting paragraphs 16, 17 and 30 and all conclusory matter of the nature pointed out herein.

PER CURIAM:

Order reversed, with ten dollars costs and disbursements, and motion granted to the extent indicated in opinion. Settle order on notice.