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Gernstein v. Fisher

70 N.Y. St. Rep. 884 Court N.Y. Sup. Ct. Decision date 1895-10-24 English

Contents

Majority

p. 884
Gernstein, Resp’t, v. Fisher, App’lt.
N. Y. Sup. Ct.
October 24, 1895.

Headnote

Appeal from an order denying a motion to serve a supplemental answir, defendant appeals.
Oscar R. Bogart, for app’lt; Louis Steckler, for resp’t.

— The order appealed from should be affirmed on the opinion filed by the learned judge below. In view of the decisions in Collins v. Hydorn, 135 N. Y. 330 , and Furlong v. Ranta, 80 Hun, 248 , the case of Anderson v. Railroad Co., 9 Daly, 487 , cannot be followed, and the decision of Feather-son v. Turnpike Co., has no application. Order affirmed, with $10 costs and disbursements.