Schulsinger v. Blau
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Dora Schulsinger, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 21st day of February, 1903, upon an order, made at the Hew York Special Term and entered in said clerk’s office on the 30th day of January, 1903, dismissing the plaintiff’s complaint, and also from an order entered in said clerk’s office on the 12th day of January, 1903, dismissing the plaintiff’s…
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Appeal by the plaintiff, Dora Schulsinger, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 21st day of February, 1903, upon an order, made at the Hew York Special Term and entered in said clerk’s office on the 30th day of January, 1903, dismissing the plaintiff’s complaint, and also from an order entered in said clerk’s office on the 12th day of January, 1903, dismissing the plaintiff’s complaint unless amended in compliance with the terms therein contained.
1Opinion of the Court
Laughlin, J.:
The first order was made at the Special Term for the trial of issues of fact. It recites that upon the case being moved for trial the defendants moved for a dismissal of the complaint upon the ground that it did not state facts sufficient to constitute a cause of action; that plaintiff’s counsel then moved to amend, and the motion was granted upon condition that she pay defendants, within ten days from service of the order, the taxable costs including a trial fee but excluding term fees, and serve a copy of the proposed amended complaint, the defendants then to have fifteen days…
2Cases cited11 opinions
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Emery v. . PeaseNew York Court of Appeals · 1859
- Sanger v. . FrenchNew York Court of Appeals · 1898
- Spears v. . WillisNew York Court of Appeals · 1897
- Squiers v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kriger v. Industrial Rehabilitation Corp.Appellate Division of the Supreme Court of the State of New York · 1959
- Doubleday, Page & Co. v. ShumakerNew York Supreme Court · 1908
- Holmes v. DollNebraska Supreme Court · 1917
- Goldsticker v. GoldstickerNew York Supreme Court · 1919
- Walcoff v. BittkerNew York Supreme Court · 1910
3 more not listed; retrieve them via the Exa API.