Costigan v. New York & Stamford Railway Co.

133 N.Y.S. 1117 Court N.Y. App. Div. Decision date 1912-01-26 English

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p. 1117

COSTIGAN, Respondent, v. NEW YORK & S. RY. CO., Appellant.

(Supreme Court, Appellate Division, Second Department.

January 26, 1912.)

Headnote

Action by Michael Costigan against the New York & Stamford Railway Company.

Order reversed, with §10 costs and disbursements, and motion granted, with §10 costs, upon the ground that defendant is not estopped from denying its liability, and has not been guilty of laches in moving to amend its answer.