Posner v. Rosenberg
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Max Rosenberg and another, copartners, etc., from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 23d day of December, 1911.
1Opinion of the Court
Burr, J.:
Defendants demurred to the second cause of action contained in plaintiff’s complaint, upon the ground that it did not state facts sufficient to constitute a cause of action. From an order overruling said demurrer as frivolous, this appeal is taken.
Although for many years an application for judgment, if a demurrer is frivolous, has been authorized (Code Civ. Proc. §537; Code Proc. § 247), it is difficult to see what useful purpose is served by such a motion since the amendment to the Code of Civil Procedure (Code Civ. Proc. § 547, as added by Laws of 1908, chap. 166), providing a…
2Cases cited12 opinions
- Mosler Safe Co. v. Maiden Lane Safe Deposit Co.New York Court of Appeals · 1910
- Jaquith v. HudsonMichigan Supreme Court · 1858
- Lent v. New York & Massachusetts Railway Co.New York Court of Appeals · 1892
- Conkling v. . WeatherwaxNew York Court of Appeals · 1905
- Cook v. . WarrenNew York Court of Appeals · 1882
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3Cited by5 opinions
- Sea Gate Hotel Co. v. NahmmacherAppellate Terms of the Supreme Court of New York · 1920
- In re the Estate of FeeNew York Surrogate's Court · 1934
- Posner v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1912
- John Reis Co. v. PostAppellate Division of the Supreme Court of the State of New York · 1914
- Sharp v. SharpNew York Supreme Court · 1914