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Luongo v. Livingston

79 N.Y.S. 1137 Court N.Y. App. Div. Decision date 1902-11-14 English

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Majority

p. 1137
In re LUONGO. LUONGO, Respondent, v. LIVINGSTON, Appellant.
(Supreme Court, Appellate Division, Second Department.
November 14, 1902.)

Headnote

In the matter of the application of Anna Luongo for leave to sue as a poor person. Anna Luongo, an infant, by Ferdinando Luongo, her guardian ad litem, respondent, against Johnston Livingston, as president of the National Express Company, appellant.

Order reversed, on authority of Weinstein v. Frank, 56 App. Div. 275 , 67 N. Y. Supp. 746 (followed in Dorfman v. Gold-stein, 66 App. Div. 613 , 73 N. Y. Supp. 1134 ) with $10 costs and disbursements, and motion granted, with costs, but without prejudice to a renewal of the motion for leave to sue as a poor person, on proper papers.