Appellate Division of the Supreme Court of New York, 1928

Coastal Oil Fields, Inc. v. Bennett

Coastal Oil Fields, Inc. v. Bennett
Appellate Division of the Supreme Court of New York · Decided December 15, 1928
225 A.D. 733
Coastal Oil Fields, Inc. v. Bennett

Opinion of the Court

Per Curiam.

The complaint sets forth a good cause of action as to well No. 5. Whether a good cause of action is stated with respect to well No. 4, no opinion is expressed, because the facts must be developed upon the trial. The order appealed from should, therefore, be affirmed, with ten dollars costs and disbursements, with leave to the defendant to answer within twenty days upon payment of said costs. Present — Dowling, P. J., Merrell, Martin, O’Malley and Proskauer, JJ. Order affirmed, with ten dollars costs and disbursements, with leave to the defendant to answer within twenty days from service of order upon payment of said costs.

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