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36 N.Y.S. 114

Weill v. Malone

New York Supreme Court

Decided December 2, 1895

New York Supreme Court · decided 1895-12-02

Action by Elie Weill and Elie Lazard against Joseph Malone and others to cancel a certain agreement, for an injunction, and for an accounting. From a judgment entered on an order dismissing the complaint, and from an order denying a motion to open the judgment, plaintiffs appeal.

Affirmed · Decided 1895-12-02

DYKMAN, J.

¶1This is an appeal from a judgment entered upon the decision of a justice of this court after a trial at the special term, and also from an order denying a motion of the plaintiffs’ to open the judgment. The facts are recited in the opinion of the trial judge, and, as we concur in his conclusions, a recitation of the case by us would be unprofitable.

¶2The judgment should be affirmed, with costs, on the opinion of the trial judge, and, as the appeal from the order is destitute of merit, it should be affirmed, with $10 costs and disbursements. All concur.

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