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Obermayer v. Geering

131 N.Y.S. 1132 Court N.Y. App. Div. Decision date 1911-10-13 English

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p. 1132
OBERMAYER v. GEERING.
(Supreme Court, Appellate Division, First Department.
October 13, 1911.)

Headnote

Appeal from Special Term, New York County. Action by Otto Obermayer against Adolph Geering. From an order denying a motion for judgment on the pleadings and sustaining a demurrer to the complaint, plaintiff appeals. Modified and affirmed. See, also, 130 N. Y. Supp. 674 . L. B. Boudin, for appellant. Charles Coleman Miller, for respondent.

The order should be modified, by striking out the last clause thereof, being all of the provisions allowing the plaintiff to amend his complaint in 20 days on the payment of $10 costs. As so modified, the order is affirmed, without costs.