Zwerdling ex rel. Bethlehem Steel Corp. v. Bent
Appellate Division of the Supreme Court of the State of New York
1Per curiam
Affidavits may properly be considered on a motion to strike out as sham under rule 103 of the Rules of Civil Practice. (Fleischer v. Terker, 259 N. Y. 60; Socony-Vacuum Oil Co., Inc., v. City of New York, 247 App. Div. 163 [1st Dept.]; affd., 272 N. Y. 668.). The complaint is verified on information, and belief. Affidavits of the moving defendants in support of motions to strike out certain paragraphs of the complaint as sham were made on knowledge' and corroborated by the management stock ownership plan attached to the complaint. In opposition to' the motion of defendant Brown, plaintiff…
2Cases cited10 opinions
- Socony-Vacuum Oil Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1936
- Potter v. WalkerNew York Court of Appeals · 1937
- Socony-Vacuum Oil Company, Inc. v. City of New YorkNew York Court of Appeals · 1936
- The People v. . McCumberNew York Court of Appeals · 1858
- Fleischer v. TerkerNew York Court of Appeals · 1932
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3Cited by7 opinions
- Cregg v. FisselbrandAppellate Division of the Supreme Court of the State of New York · 1965
- Tarlow v. ArchbellAppellate Division of the Supreme Court of the State of New York · 1945
- New York Hotel Trades Council & Hotel Ass'n Insurance Fund v. Prudential Insurance Co. of AmericaNew York Supreme Court · 1955
- Schneidman v. StecklerNew York Supreme Court · 1957
- Glantz v. BlakelyAppellate Division of the Supreme Court of the State of New York · 1942
2 more not listed; retrieve them via the Exa API.