Legal Opinion
Simon v. Cohen
Appellate Division of the Supreme Court of the State of New York
Decided October 15, 1951Published
1Opinion of the Court
In our opinion the denial of the motion was an improvident exercise of discretion. (Boyd v. United States Mtge. & Trust Co., 187 N. Y. 262, 266, 270; Yeager v. Co-operative Fire Underwriters Assn. of N. Y. State, No. 2, 243 App. Div. 743; McKenzie v. Lavine, 249 App. Div. 755; Civ. Prac. Act, § 105.) Carswell, Acting P. J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.
2Cases cited3 opinions
- Boyd v. United States Mortgage & Trust Co.New York Court of Appeals · 1907
- Yeager v. Co-operative Fire Underwriters Ass'nAppellate Division of the Supreme Court of the State of New York · 1935
- McKenzie v. LavineAppellate Division of the Supreme Court of the State of New York · 1936