Legal Opinion
Silverman v. Ufa Eastern Division Distribution, Inc.
New York Supreme Court
Decided May 13, 1929PublishedCited by 7 opinions
1Opinion of the CourtWalsh, J.
This is a motion by plaintiff, under rule 109, subdivision 5, of the Rules of Civil Practice, for an order dismissing defendant’s counterclaim upon the ground that it does not set forth facts sufficient to constitute a cause of action.
The counterclaim in substance alleges that plaintiff and defendant are respectively lessor and lessee of certain premises situated in the State of Pennsylvania; that dining the term of the lease, and while defendant was not in default in the performance of any of its covenants, the plaintiff “ maliciously and without probable cause and for an improper motive and…
2Cases cited4 opinions
- Dean v. . KochendorferNew York Court of Appeals · 1924
- Dishaw v. WadleighAppellate Division of the Supreme Court of the State of New York · 1897
- Paul v. FargoAppellate Division of the Supreme Court of the State of New York · 1903
- Assets Collecting Co. v. MyersAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by7 opinions
- Italian Star Line, Inc. v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Second Circuit · 1931
- Metromedia, Inc. v. MandelAppellate Division of the Supreme Court of the State of New York · 1964
- Earl v. WinneNew Jersey Superior Court Appellate Division · 1955
- Lader v. BenkowitzNew York Supreme Court · 1946
- Pearson v. O'ConnorDistrict Court, District of Columbia · 1942
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