Appellate Division of the Supreme Court of New York, 1929

Evelyn Goldsmith Home for Crippled Children, Inc. v. Island Park Associates, Inc.

Evelyn Goldsmith Home for Crippled Children, Inc. v. Island Park Associates, Inc.
Appellate Division of the Supreme Court of New York · Decided July 15, 1929
227 A.D. 668
Evelyn Goldsmith Home for Crippled Children, Inc. v. Island Park Associates, Inc.

Opinion of the Court

Order affirmed, with ten dollars costs and disbursements. We think that a reply may be compelled to a plea in bar of a former judgment. (Mercantile Nat. Bank v. Corn Exch. Bank, 73 Hun, 78, 80; Olsen v. Singer Manufacturing Co., 138 App. Div. 407; Weglein v. Trow Directory, P. & B. Co., 152 id. 705, 709; Toplitz v. Garrigues, 71 id. 37, 39; Timble v. Russell, 41 Misc. 577, 579; Brinkerhoff v. Brinkerhoff, 8 Abb. N. C. 207.) But in view of defendants’ long delay in making the motion, we think that the learned Special Term properly exercised its discretion in denying it. Lazansky, P. J., Young, Kapper, Hagarty and Seeger, JJ., concur.

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