Youker v. Post
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff from an order of the Special Term, entered in the office of the clerk of the county of Kings on the 18th day of December, 1913, denying his motion for judgment on the pleadings. Order affirmed, with ten dollars costs and disbursements. No opinion. Jenks, P. J., Thomas, Rich and Putnam, JJ., concurred; Burr, J., read for reversal.
1Opinion of the Court
Burr, J. (dissenting):
I dissent. The denial in this case is of the allegations “ contained in the paragraphs of the complaint numbered II, IV, V and VI," with two exceptions not important. When the case of Curran v. Arp (141 App. Div. 659) was before this court, in the opinion which I then wrote (p. 662), I tried to point out that a conjunctive denial of this sort was bad. Woodward, J., concurred with me; Hirsehberg, P. J., thought that this form of denial was good, and so wrote; Thomas and Rich, JJ., concurred in the result, which was for a reversal of an order granting a motion for judgment…
2Cases cited2 opinions
- Kirschbaum v. . EschmannNew York Court of Appeals · 1912
- Curran v. ArpAppellate Division of the Supreme Court of the State of New York · 1910