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Bryan v. Carter

129 N.Y.S. 1114 Court N.Y. App. Div. Decision date 1911-05-12 English

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p. 1114
BRYAN, Respondent, v. CARTER, Appellant.
(Supreme Court, Appellate Division, Second Department.
May 12, 1911.)

Headnote

Action by George F. Bryan against Bennett C. Carter.

Judgment of the Municipal Court modified, by striking out the award of costs to plaintiff, on the ground that no written notice for plaintiff, nor any verified pleading, was filed (Municipal Court Act [Laws 1902, c. 580] § 332), and further modified by striking

p. 1115
out the provision in the judgment that defendant is liable to arrest (Municipal Court Act, § 274), and, as thus modified, affirmed, without costs. See, also, 127 N. Y. Supp. 1114 .