Schlanger v. Cowan

5 A.D.2d 867 Court N.Y. App. Div. Decision date 1958-03-25 English

Judges Concur — Botein, P. J., Rabin, Frank, Valente and McNally, JJ.

Contents

Majority

p. 867

Michael R. Schlanger, Respondent, v. Tamara Cowan et al., Appellants.

Order denying motion to dismiss under rule 107 of the Rules of Civil Practice unanimously affirmed, with $20 costs and disbursements to the respondent on the ground that the motion was not timely made. (See Mossew v. To Market, Inc., 3 A D 2d 189 .)

Concur — Botein, P. J., Rabin, Frank, Valente and McNally, JJ.

Cases cited

Mossew v. To Market, Inc. 3 A D 2d 189 N.Y. App. Div. 1957-01-29 p. 867