Legal Opinion

County Securities, Inc. v. Warwick Properties, Inc.

New York Supreme Court

Decided December 28, 1940PublishedCited by 4 opinions

1Opinion of the CourtPatterson, J.

This is a motion by the plaintiff for judgment on the pleadings and to strike out the affirmative defenses contained in the answer of the defendant city, which opposes the motion on the ground that the complaint does not state facts sufficient to entitle the plaintiff to judgment, and that, in any event, there are triable issues of fact.

I can see no triable issue here. The meat of the motion is, does the complaint state facts sufficient to entitle the plaintiff to judgment? The action is one to recover the amount paid by the plaintiff to the defendant city for the transfer of a tax hen.…

2Cases cited6 opinions

  1. Pink v. Title Guarantee & Trust Co.New York Court of Appeals · 1937
  2. County Securities, Inc. v. SeacordNew York Court of Appeals · 1938
  3. Gautier v. . DitmarNew York Court of Appeals · 1912
  4. Chapman v. . the City of BrooklynNew York Court of Appeals · 1869
  5. Coffin v. . City of BrooklynNew York Court of Appeals · 1889

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Menendez v. Faber, Coe & Gregg, Inc.District Court, S.D. New York · 1972
  2. Scarborough School Corp. v. Assessor of OssiningAppellate Division of the Supreme Court of the State of New York · 1983
  3. Tontodonati v. City of PatersonNew Jersey Superior Court Appellate Division · 1989
  4. County Securities, Inc. v. Warwick Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 1942

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