SLATER v. GULF, MOBILE & OHIO R.R. CO.


279 A.D. 655 (1951)

William A. Slater et al., as Trustees under The Will of William A. Slater, Deceased, et al., Appellants-Respondents, v. Gulf, Mobile and Ohio Railroad Company et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 29, 1951.


Order dated April 19, 1951, denying plaintiffs' motion for summary judgment unanimously affirmed. Order dated April 27, 1951, granting defendants' cross motion with leave to the plaintiffs to serve an amended complaint as to the second cause of action is modified (two of the justices dissenting in part) upon the law and the facts; and on the stipulation at Special Term, defendants' cross motion as to the second cause of action is considered as one for summary judgment and...

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