Appellate Division of the Supreme Court of New York, 1968

Lotterman v. F. H. McGraw & Co.

Lotterman v. F. H. McGraw & Co.
Appellate Division of the Supreme Court of New York · Decided June 18, 1968
30 A.D.2d 654; 292 N.Y.S.2d 347; 1968 N.Y. App. Div. LEXIS 3716
Lotterman v. F. H. McGraw & Co.

Opinion of the Court

Order entered February 16, 1968 modified on the law, the facts and in the exercise of discretion, without costs or disbursements, so as to grant defendant’s motion for preclusion, unless a sufficient bill is filed within 10 days of the date of service of a copy of the order hereon. The bill as served does not comply with the prior order. Otherwise the order is affirmed. Concur — Stevens, J. P., Steuer and McNally, JJ.; Tilzer and McGivern, JJ. dissent and vote to affirm.

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