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McNulty Bros. v. Offerman

127 N.Y.S. 1131 Court N.Y. App. Div. Decision date 1911-01-27 English

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p. 1131
McNULTY BROS., Appellant, v. OFFERMAN et al., Respondents.
(Supreme Court, Appellate Division, Second Department.
January 27, 1911.)

Headnote

Action by McNulty Bros, against Carsten Henry Offerman and others.

The order refusing to strike out the findings of fact was reversed, and the motion was granted. There remained, therefore, no findings of fact to be reviewed; but, as was stated in the opinion, the judgment is to be treated as one of nonsuit, and all of the evidence and the inferences to be drawn therefrom are to be taken most strongly in favor of these appellants. Because we deem the proposed recital in the order unnecessary, so far as these moving parties are concerned, the motion is ■denied, without costs. See, also, 126 N. Y. Supp. 755 .