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Unger v. Land Estates, Incorporated

Appellate Division of the Supreme Court of New York, First Department
Feb 26, 1937
250 App. Div. 714 (N.Y. App. Div. 1937)

Opinion

February 26, 1937.

Present — Martin, P.J., McAvoy, O'Malley, Dore and Cohn, JJ.


Order, so far as appealed from, unanimously modified by further granting plaintiff's motion for examination of defendants as to item 10, striking from said item, however, all after the words "good repair and working order;" also by allowing item 11, and striking from item 9 the word "proper;" and by directing defendants to make the statements required under section 328 of the Civil Practice Act, and as so modified affirmed, without costs. No opinion. The date for the examination to proceed to be fixed in the order. Settle order on notice.


Summaries of

Unger v. Land Estates, Incorporated

Appellate Division of the Supreme Court of New York, First Department
Feb 26, 1937
250 App. Div. 714 (N.Y. App. Div. 1937)
Case details for

Unger v. Land Estates, Incorporated

Case Details

Full title:MOLLIE UNGER, Appellant, Respondent, v. LAND ESTATES, INCORPORATED…

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

Date published: Feb 26, 1937

Citations

250 App. Div. 714 (N.Y. App. Div. 1937)

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Yet there is seeming binding authority to the contrary. ( Preiss v. O'Donohue, 173 A.D. 121; Unger v. Land…