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Appellate Division of the Supreme Court of New York, 1932

Clark Plastering Co. v. Seaboard Surety Co.

Clark Plastering Co. v. Seaboard Surety Co.
Appellate Division of the Supreme Court of New York · Decided May 20, 1932
235 A.D. 449; 257 N.Y.S. 469; 1932 N.Y. App. Div. LEXIS 7984

Counsel

Gustave B. Garfield of counsel [Garfield & Seligson, attorneys], for the appellant., Thomas Kiernan of counsel [Orison S. Mar den with him on the brief; White & Case, attorneys], for the respondent.

Clark Plastering Co. v. Seaboard Surety Co.

Opinion of the Court

Per Curiam.

For the reasons stated in the opinion of the court, herewith handed down (235 App. Div. 444), in the companion appeal from an order denying defendant’s motion to dismiss the complaint for insufficiency, it is determined that that order should be reversed and the motion granted. It becomes unnecessary, therefore, to decide whether or not a defense interposed to such complaint is sufficient in law.

The appeal should be dismissed, without costs.

Present — Finch, P. J., Merrell, McAvoy, Martin and Sherman, JJ.

Appeal dismissed, without costs.

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