Success Waist Co. v. Ely & Walker Dry Goods Co.

188 A.D. 888 Court N.Y. App. Div. English

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Majority

p. 888

Success Waist Co., Inc., Respondent, v. Ely & Walker Dry Goods Company, Appellant.

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, on the ground that

p. 889

the motion is prematurely made, no reply having been served to the counterclaim. Present — Clarke, P. J., Dowling, Smith, Page and Shearn, JJ.