Legal Opinion
Philipp v. Jerome H. Remick & Co.
District Court, S.D. New York
Decided July 31, 1936PublishedCited by 3 opinions
1Opinion of the Court
BONDY, District Judge.
Material allegations in the complaint are denied by the defendant, Remick Music Corporation, as for instance, the allegations in Paragraph 27. The answer raising important issues of fact, the plaintiff’s motion for judgment on the pleadings against Remick Music Corporation must be denied.
The New York State law with reference to summary judgment on pleadings and affidavits does not apply to suits in equity in this court. Defendant’s motion for summary judgment accordingly must also be denied.
■ Regarding the defendant’s motion as one to dismiss the complaint on the ground…
2Cases cited9 opinions
- Kirke La Shelle Co. v. Paul Armstrong Co.New York Court of Appeals · 1933
- Herbert v. Shanley Co.Supreme Court of the United States · 1917
- Manners v. MoroscoSupreme Court of the United States · 1920
- Dam v. Kirk La Shelle Co.Court of Appeals for the Second Circuit · 1910
- Harper Bros. v. KlawDistrict Court, S.D. New York · 1916
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3Cited by3 opinions
- Jim Henson Productions, Inc. v. John T. Brady & Associates, Inc.District Court, S.D. New York · 1997
- Roger M. Gordon v. Vincent Youmans, Inc. And Miller Music CorporationCourt of Appeals for the Second Circuit · 1965
- Roger M. Gordon v. Vincent Youmans, Inc. And Miller Music CorporationCourt of Appeals for the Second Circuit · 1965