Legal Opinion · Concurrence

John E. Rosasco Creameries, Inc. v. Cohen

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

Decided December 11, 1936Published

1Concurrence

Dore, J. (concurring in result).

On the companion appeal in this action, decided herewith, from an order denying defendants’ motion to dismiss the complaint on the ground that plaintiff was not licensed, I have voted to affirm.

*195This appeal is by defendants from an order granting plaintiff’s motion for summary judgment; striking out defendants’ first counterclaim on the merits; dismissing the second counterclaim on the merits, except as to the sum of $921.69, as to which the action is severed, granting plaintiff judgment for $10,136.84, with interest, and from the judgment entered thereon.

After…

2Cases cited4 opinions

  1. Tracy v. . TalmageNew York Court of Appeals · 1856
  2. Barrett v. JacobsNew York Court of Appeals · 1931
  3. John E. Rosasco Creameries, Inc. v. CohenAppellate Division of the Supreme Court of the State of New York · 1936
  4. Closson v. Seaboard Sand & Gravel Corp.Appellate Division of the Supreme Court of the State of New York · 1933

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