Legal Opinion
New York Central Railroad v. Beacon Milling Co.
New York Supreme Court
Decided January 31, 1945PublishedCited by 9 opinions
1Opinion of the CourtVan Voorhis, J.
The action is brought to recover additional freight charges. Plaintiff made a previous motion for summary judgment returnable May 1, 1941. At the same time defendant noticed a cross motion for summary judgment dismissing the complaint upon the merits. An order was entered dismissing the complaint, reciting the pendency of both motions. It did *189not specifically state that plaintiff’s motion for summary judgment was denied, but that was the effect of the order. The complaint could not have been dismissed upon defendant’s cross motion without ipso facto denying plaintiff’s application for…
2Cases cited5 opinions
- Bolles v. DuffNew York Supreme Court · 1870
- New York Central R.R. Co. v. Beacon Milling Co.New York Court of Appeals · 1944
- Christie Chassis, Inc. v. ChristNew York Court of Appeals · 1940
- Lawyers Mortgage Co. v. 330 West 72nd Street Corp.New York Court of Appeals · 1936
- Kaufman v. Metropolitan Life Insurance CompanyNew York Court of Appeals · 1936
3Cited by9 opinions
- Dondi v. JonesNew York Court of Appeals · 1976
- William H. Van Vleck, Inc. v. KleinNew York Supreme Court · 1966
- Ellis v. Central Hanover Bank & Trust Co.New York Supreme Court · 1951
- Canzano v. HanleyNew York Supreme Court · 1946
- Holad v. Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1967
4 more not listed; retrieve them via the Exa API.