Kerr v. Sumnick

264 A.D. 766 Court N.Y. App. Div. Decision date 1942-05-22 English

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p. 766

Errol Kerr, Respondent, v. Edward Sumnick, Appellant.

Order unanimously reversed, with twenty dollars costs and disbursements, and the motion granted. We are of the opinion that section 51-a of the Civil Practice Act is applicable and that the defendant should be given the benefit thereof. Settle order on notice. Present ■ — ■ Martin, P. J., Townley, Glennon, Cohn and Callahan, JJ.