# Brown v. Odegaard

> Appellate Division of the Supreme Court of the State of New York · October 15, 1933 · 240 A.D. 857

URL: https://www.frixlaw.com/law-library/cases/5332040

## Case

- **Full name:** Myron J. Brown and Ernest Heppenheimer, as Surviving Receivers of the Manufacturers' Liability Insurance Company v. Ole O. Odegaard
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** October 15, 1933
- **Citations:** 240 A.D. 857
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5332040

## Opinion text

Order modified by providing that the motion to dismiss the complaint on the ground of the pendency of another action be granted unless within five days from the entry of an order herein the plaintiffs file a stipulation consenting to the entry of an order setting aside the substituted service of March 11, 1933, in which event the motion is denied, with leave to defendant to answer within ten days from service of a copy of the order herein. In default of filing of such stipulation the motion to dismiss is granted. In all other respects the order is affirmed, without costs. Lazansky, P. J., Kapper, Hagarty, Carswell and Davis, JJ., concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5332040. Public record. Not legal advice.