Legal Opinion
Lustig v. Congregation B'Nai Israel
New York Supreme Court
Decided March 29, 1971PublishedCited by 2 opinions
1Opinion of the CourtWilliam T. Co win, J.
An application was made by the fourth-party defendant, Jack Karsh (Karsh) pursuant to CPLB 3211 (subd. [a], par. 7) to dismiss the fourth-party complaint of Levenstein Caterers, Inc. (Caterer) upon the ground that the cause of action is “ illegal, unenforceable and null and void.” Upon considering the motion this court in the exercise of its discretion determined to treat it as one for summary judgment under 3211 (subd. [c]). To “prevent surprise” Karsh was directed to interpose an answer and the parties were then to submit any “ additional papers ” as they desired. Disposition of the motion…
2Cases cited9 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Ora Lee Williams v. Walker-Thomas Furniture Company, William Thorne v. Walker-Thomas Furniture CompanyCourt of Appeals for the D.C. Circuit · 1965
- City of El Paso v. SimmonsSupreme Court of the United States · 1965
- People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
- F. A. Straus & Co. v. Canadian Pacific Railway Co.New York Court of Appeals · 1930
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3Cited by2 opinions
- Redding v. Gulf Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1972
- Hershkowitz v. Menorah Caterers, Inc.Civil Court of the City of New York · 1972