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18 Bedell 535

72 N.E 1151

Siebert v. . Milbank

New York Court of Appeals

Decided January 24, 1905

New York Court of Appeals · decided 1905-01-24

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 12, 1904, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer. The following question was certified: “ Does the complaint state facts sufficient to constitute a cause of action % ”

Decided 1905-01-24

¶1 Order affirmed, with costs, with leave to plaintiff to serve amended complaint within twenty days after service of notice, upon payment of such costs. Question certified answered in the negative; no opinion.

¶2 Concur: Cullen, Ch. J., Gray, O’Brien, Bartlett, Haight, Vann and Werner, JJ,

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