Bogle v. City of New York
Bogle v. City of New York
86 N.E.2d 179; 299 N.Y. 620; 1949 N.Y. LEXIS 1077
(North Eastern Reporter, Second Series)
Bogle v. City of New York
Opinion of the Court
We cannot say, as a matter of law, on this record that there is no room for the exercise of discretion. The Appellate .Division having reversed the order of the Special Term and denied the motion upon questions of law, we accordingly reverse the order appealed from and remit the matter to that court for compliance with section 602 of the Civil Practice Act.
*621 The order of the Appellate Division should be reversed and the matter remitted to that court for compliance with section 602 of the Civil Practice Act, without costs.
Loughban, Ch. J., Lewis, Conway, Desmond, Dye, Fund and Bromley, JJ., concur.
Order reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.