Legal Opinion

Tucker v. Dudley

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1905PublishedCited by 3 opinions

Appeal by the defendant, Eugene B. Dudley, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 10th day of June, 1904, denying the defendant’s motion to compel the plaintiff to discontinue the action, and also from an order made at the Westchester Special Term and entered in' said clerk’s office on the 14th day of June, 1904, denying the defendant’s motion for a reargument of the…

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Appeal by the defendant, Eugene B. Dudley, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 10th day of June, 1904, denying the defendant’s motion to compel the plaintiff to discontinue the action, and also from an order made at the Westchester Special Term and entered in' said clerk’s office on the 14th day of June, 1904, denying the defendant’s motion for a reargument of the motion and for leave to serve a supplemental answer.

1Opinion of the Court

Willard Bartlett, J.:

The defendant sought by motion to compel a discontinuance of the action by reason of a certain agreement between the parties and the execution of certain papers looking to that result. A reference was ordered, under section 1015 of the Code of Civil Procedure, to report upon the questions of fact arising upon this motion. The referee reported adversely to. the defendant, holding substantially that the conditions for the final effectiveness of the agreement had not so matured as to justify requiring the delivery of the papers which would be' operative finally to dispose of…

2Cited by3 opinions

  1. Conlen v. RizerAppellate Division of the Supreme Court of the State of New York · 1905
  2. Romeas v. BoettgerAppellate Terms of the Supreme Court of New York · 1910
  3. Stoutenburgh v. SvecenskiAppellate Terms of the Supreme Court of New York · 1912

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