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Troiano v. Kinney Motors, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 1949
276 App. Div. 869 (N.Y. App. Div. 1949)

Opinion

December 19, 1949.


Order dismissing complaint upon the ground that there was another action pending between the same parties for the same cause, reversed upon the law, with $10 costs and disbursements, and the motion denied, with $10 costs, with leave to respondent to answer within twenty days from the entry of the order hereon. In our opinion the previous action in the City Court was terminated upon the order of that court dismissing that action. ( Friedman v. Long Island R.R. Co., 273 App. Div. 786; Brumel v. Hartford Fire Ins. Co., 158 Misc. 311, 316, and cases there cited.) The entry of the order of dismissal upon the minutes of the clerk of the City Court constituted the written order of that court. ( Gerity v. Seeger Guernsey Co., 163 N.Y. 119, 121; Loper v. Wading Riv. Realty Co., 143 App. Div. 167, 169; Howard v. Robinson, 186 App. Div. 530, 532.) Nolan, P.J., Carswell, Johnston, Sneed and MacCrate, JJ., concur.


Summaries of

Troiano v. Kinney Motors, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 1949
276 App. Div. 869 (N.Y. App. Div. 1949)
Case details for

Troiano v. Kinney Motors, Inc.

Case Details

Full title:JOHN TROIANO, Appellant, v. KINNEY MOTORS, INC., Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 19, 1949

Citations

276 App. Div. 869 (N.Y. App. Div. 1949)

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