Legal Opinion
Rosenblatt v. Birnbaum
New York Court of Appeals
Decided October 28, 1965PublishedCited by 14 opinions
1Opinion of the CourtVan Voorhis, J.
The Appellate Division has denied a motion to dismiss the complaint for legal insufficiency. We think that the result is correct but for different reasons. A motion to dismiss a complaint cannot be granted if it contains any valid cause of action (Dulberg v. Mock, 1 N Y 2d 54, 56). This complaint does not present the question on which the Appellate Division divided, whether a wife can be subjected to an interlocutory judgment requiring her to render an accounting in equity of her expenditure of moneys paid to her under a separation agreement for the maintenance and support of children, as the…
2Cases cited4 opinions
- Hudson v. Yonkers Fruit Co.New York Court of Appeals · 1932
- First National Bank of Paterson v. National Broadway BankNew York Court of Appeals · 1898
- Zimmerman v. . KinkleNew York Court of Appeals · 1888
- Magrill v. MagrillAppellate Terms of the Supreme Court of New York · 1959
3Cited by14 opinions
- In Re Theodore W. Spong, Debtor. Raymond J. Pauley v. Theodore W. SpongCourt of Appeals for the Second Circuit · 1981
- Merrill Lynch Realty/Carll Burr, Inc. v. SkinnerNew York Court of Appeals · 1984
- New York State Ass'n of Plumbing-Heating-Cooling Contractors, Inc. v. EganAppellate Division of the Supreme Court of the State of New York · 1982
- Continental Information Systems Corp. v. Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1980
- Bell v. StateNew York Court of Claims · 1988
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