Legal Opinion
Citizens Trust Co. of Binghamton v. Merselis
New York Supreme Court
Decided August 3, 1933PublishedCited by 4 opinions
1Opinion of the CourtMcNaught, J.
In the determination of the motion made by each defendant under rule 106 of the Rules of Civil Practice, we are restricted to a consideration of the complaint only. Affidavits are not available to either party. (Welch v. City of Niagara Falls, 210 App. Div. 170; King v. Krischer Manufacturing Co., Inc., 220 id. 584; Toner v. Ehrgott, 226 id. 244; Haas v. N. Y. Post Graduate Medical School & Hospital, 131 Misc. 395.)
Pleadings must be liberally construed with a view to justice between the parties. (Civ. Prac. Act, § 275.) The facts alleged in *677the complaint are deemed to be true and admitted,…
2Cases cited22 opinions
- Greeff v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1899
- Wright v. . HartNew York Court of Appeals · 1905
- Daly v. Sumpter Drug Co.Tennessee Supreme Court · 1912
- Klein v. . MaravelasNew York Court of Appeals · 1916
- Welch v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1924
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3Cited by4 opinions
- Citizens Trust Co. of Binghamton v. MarselisAppellate Division of the Supreme Court of the State of New York · 1935
- In re the General Assignment for the Benefit of Creditors of LefkowitzAppellate Division of the Supreme Court of the State of New York · 1937
- North v. City of CohoesAppellate Division of the Supreme Court of the State of New York · 1941
- Levinson v. StateNew York Court of Claims · 1954