Merchants Loan & Investment Corp. v. Abramson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Finch, J.:
This appeal brings up for determination a single question of law, namely, whether the complaint states a cause of action. This question is presented by the plaintiff’s motion for judgment on the pleadings.
Although affidavits are in the record, the court must determine this motion solely upon the pleadings, since the motion was made under rule 112 of the Rules of Civil Practice. Under this rule *253pleadings are to be taken at their face value, without reference to the merits as shown by affidavits. As was said by Mr. Justice McAvoy in Germini v. New York Central Railroad Co. (209 App.…
2Cases cited7 opinions
- In Re the Elections of Directors of George Ringler & Co.New York Court of Appeals · 1912
- Tappan v. GrayNew York Court of Chancery · 1842
- People Ex Rel. Corscadden v. . HoweNew York Court of Appeals · 1904
- Germini v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1924
- Palmer v. FoleyThe Superior Court of New York City · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Federal Waste Paper Corp. v. Garment Center Capitol, Inc.Appellate Division of the Supreme Court of the State of New York · 1944
- Lefler v. ClarkAppellate Division of the Supreme Court of the State of New York · 1936
- Christ v. Lake Erie Distributors, Inc.New York Supreme Court · 1966
- Burke v. WiswallNew York Supreme Court · 1948
- Atlas Clothing Export Corp. v. Consolidated Edison Co.New York Supreme Court · 1955
9 more not listed; retrieve them via the Exa API.