Order, in so far as an appeal is taken therefrom, modified by striking out the condition therein contained, and as so modified affirmed, with ten dollars costs and disbursements to appellant. The defendant was entitled to an unconditional denial of the motion. Lazansky, P. J., Carswell, Davis, Adel and Taylor, JJ., concur.
Gessner v. City of New York
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1936-05-15
Citations: 248 A.D. 635
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