Appellate Division of the Supreme Court of New York, 1940

McAllister v. Phelps

Appellate Division of the Supreme Court of New York · Decided January 12, 1940

258 A.D. 1035; 16 N.Y.S.2d 942; 1940 N.Y. App. Div. LEXIS 8725

Opinion of the Court

Order affirmed, without costs of this appeal to either party. Memorandum: We find that in making the order appealed from the Special Term did not exceed the bounds of proper discretion. (Civ. Prac. Act, § 181; Rules *1036Civ. Prac. rule 156.) All concur. (The order denies on terms defendants’ motion to dismiss the complaint, in an automobile negligence action.) Present —■ Crosby, P. J., Cunningham, Taylor, Dowling and Harris, JJ.

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