Dixon v. New York Trap Rock Corp.

270 A.D. 810 Court N.Y. App. Div. Decision date 1946-02-04 English

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J. Freeman Dixon et al., Respondents, v. New York Trap Rock Corporation, Appellant.

Motion for reargument denied, with $10 costs. Motion for leave to appeal to the Court of Appeals granted. The following question is certified: Was the order of Special Term denying defendant’s motion to dismiss the complaint under rule 107 of the Rules of Civil Practice properly made? Present — Lewis, P. J., Carswell, Johnston, Adel and Nolan, JJ. [See 269 App. Div. 1059 .]