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Bradley v. Sweeny

105 N.Y.S. 298 Court N.Y. App. Div. Decision date 1907-06-28 English

Contents

Majority

p. 298
(120 App. Div. 318)
BRADLEY v. SWEENY.
(Supreme Court, Appellate Division, First Department.
June 28, 1907.)

Headnote

Appeal from Special Term.
Action by Peter B. Bradley against Charles Sweeny. From an order of the Special Ternr denying a motion to strike out certain matter, defendant appeals.
Motion granted, with leave to plaintiff to file amended complaint.
Argued before INGRAHAM, McRAUGHEIN, EAUGHEIN, CEARKE, and SCOTT, JJ.
Geo. Welwood Murray, for appellant.
Robert Russell (James M. Gifford, on the brief), for respondent.

The question presented by this appeal is the same as that presented by the appeal in Bradley et al. v. Sweeny, 105 N. Y. Supp. 296 , argued and decided herewith, and upon the authority of the opinion in that case the order is reversed, with $10 costs and disbursements, and motion granted, with $10 costs, but with leave to plaintiff to serve an amended complaint, if so advised.