Appellate Division of the Supreme Court of New York, 1941

Colliton v. United Shipyards, Inc.

Colliton v. United Shipyards, Inc.
Appellate Division of the Supreme Court of New York · Decided September 29, 1941
262 A.D. 968; 30 N.Y.S.2d 622; 1941 N.Y. App. Div. LEXIS 6695
Colliton v. United Shipyards, Inc.

Opinion of the Court

Action for damages for a wrongful death. Order denying defendant’s motion to vacate the judgments entered, set aside the verdict, grant a new trial and direct restitution of moneys paid in satisfaction of the judgment, unanimously affirmed, with costs. The defendant was clearly guilty of laches and the Special Term’s decision on the facts with respect to the merits may not be disturbed on this record. Present — Lazansky, P. J., Hagarty, Carswell, Taylor and Close, JJ.

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