Appellate Division of the Supreme Court of New York, 1939

Trout v. Cleary

Trout v. Cleary
Appellate Division of the Supreme Court of New York · Decided November 22, 1939
258 A.D. 854; 16 N.Y.S.2d 696
Trout v. Cleary

Opinion of the Court

Order affirmed, with ten dollars costs and disbursements, with leave to the plaintiff to plead over within twenty days upon payment of the costs of this appeal and at the Special Term, on the authority of Kirchner v. Muller (280 N. Y. 23). All concur. (The order dismisses the complaint in a silicosis action.) Present — Sears, P. J., Crosby, Cunningham, Taylor and Dowling, JJ.

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