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Pitkin v. Mulderry

135 N.Y.S. 1137 Court N.Y. App. Div. Decision date 1912-05-15 English

Decision Majority — PER CURIAM. · Dissent — SPRING, J.,

Contents
p. 1137
PITKIN, Respondent, v. MULDERRY et al., Appellants.
(Supreme Court, Appellate Division, Fourth Department.
May 15, 1912.)

Headnote

Action by Marjorie Pitkin against Patrick Mulderry and others.

Judgment and orders affirmed, with costs.

dissents as to the affirmance of the order setting aside the nonsuit as to Mulderry Bros., on the ground that at the time the nonsuit was granted no cause of action had been established against them. Blumenthal v. Lewy, 82 App. Div. 535 , 81 N. Y. Supp. 528 .