Appellate Division of the Supreme Court of New York, 1931

Rudowitz v. Conescu

Rudowitz v. Conescu
Appellate Division of the Supreme Court of New York · Decided May 15, 1931
233 A.D. 776
Rudowitz v. Conescu

Opinion of the Court

Order directing service of second amended complaint reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, with leave to defendants to answer within ten days from the entry of the order herein. This is an action in equity and the court can grant such relief as the parties prove themselves *777entitled to on the trial. Lazansky, P. J., Young, Carswell and Davis, JJ., concur; Seudder, J., dissents and votes to affirm.

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