Legal Opinion

Blumenthal v. Blumenthal

New York Supreme Court

Decided March 23, 1944PublishedCited by 3 opinions

1Opinion of the CourtShientag, J.

This is a motion to dismiss each of the six causes of action set forth in the complaint for alleged insufficiency and also because it is claimed that the court lacks jurisdiction of the subject of the action and that there is another action pending between the same parties for the same cause. In addition defendant seeks to strike out various allegations of the complaint as sham, frivolous, irrelevant, unnecessary, impertinent and prejudicial.

The first cause of action alleges that the plaintiff husband and -the defendant wife entered into a written agreement of separation, a copy of which is…

2Cases cited3 opinions

  1. Zimmer v. . SettleNew York Court of Appeals · 1891
  2. Dudley v. Fifth Avenue Trust Co.Appellate Division of the Supreme Court of the State of New York · 1906
  3. Dudley v. . Fifth Avenue Trust CompanyNew York Court of Appeals · 1907

3Cited by3 opinions

  1. In re the Probate of the Will of LevineNew York Surrogate's Court · 1948
  2. Peer v. PeerNew York Supreme Court · 1959
  3. Federated Department Stores, Inc. v. SeizerCivil Court of the City of New York · 1965

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