Cream of Wheat Co. v. American Home Magazine Co.

Majority

p. 765

Cream of Wheat Company, Appellant, v. American Home Magazine Company, Respondent.

First Department,

December 19, 1913.

Headnote

See head note in Cream of Wheat Co. v. American K. M. Co. {ante, p. 761).

Appeal by the plaintiff, the Cream of Wheat Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of November, 1913, denying a motion for the extension of time to serve the complaint.

Joseph J. Baker, for the appellant.

Clarence J. Shearn, for the respondent.

The reversal of this order follows naturally upon the reversal of the order denying plaintiff’s motion for an inspection. (Cream of Wheat Co. v. American H. M. Co., 159 App. Div.

p. 766

761 .) The order appealed from is, therefore, reversed, with ten dollars costs and disbursements, and the motion for an extension of time to serve complaint granted.

Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ.

Order reversed, with ten dollars costs and disbursements, and motion granted. Order to be settled on notice.