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Gilleran v. Springfield

159 N.Y.S. 1115 Court N.Y. App. Div. Decision date 1916-06-16 English

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p. 1115
Thomas GILLERAN, respondent, v. SPRINGFIELD, L. I., CEMETERY SOCIETY, appelant.
(Supreme Court, Appellate Division, Second Department.
June 16, 1916.)

Order afirmed, without crests, with leave to plaintiff to erve an amended complaint within ten days iter entry of the order of this court, on payuent of the costs specified at Special Term, nasmuc-h as the facts set forth in the second ause of action attempt to state a joint cause if action in favor of the plaintiff and Jaife, md as Jaffe is not a party to this action, this court does not pass upon the sufficiency of the lacts therein pleaded as constituting a cause of iction, and the order below is affirmed, without prejudice to such determination as may be made is to the joint cause of action when the proper unties are before the court. Jenks, R. J., md Tilomas, Carr, Mills, and Rich, JJ., concur.