Legal Opinion
Cornehlsen v. Dudensing
Appellate Division of the Supreme Court of the State of New York
Decided June 24, 1946PublishedCited by 5 opinions
1Opinion of the Court
Order granting motion by defendants to dismiss the complaint under subdivision 5 of rule 106 of the Rules of Civil Practice upon the sole ground that the complaint does not state facts sufficient to constitute a cause of action, reversed on the law, with $10 costs and disbursements, and the motion denied, with $10 costs. The complaint states a good cause of action against all of the defendants at law. When a motion is made to dismiss on the ground stated, it must fail if the facts stated in the complaint are sufficient to constitute any *1038cause of action (Reese v. Associated Indemnity Corp.,…
2Cases cited8 opinions
- Dun & Bradstreet, Inc. v. City of New YorkNew York Court of Appeals · 1937
- Murray v. . MarshallNew York Court of Appeals · 1884
- Commercial Casualty Insurance v. RomanNew York Court of Appeals · 1936
- Wainwright & Page, Inc. v. Burr & McAuley, Inc.New York Court of Appeals · 1936
- Abbey v. . WheelerNew York Court of Appeals · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- 39th-40th Corp. v. Port of New York AuthorityNew York Supreme Court · 1946
- Bennett Excavators Corp. v. Lasker-Goldman Corp.New York Supreme Court · 1959
- National Grange Mutual Insurance v. MaloneNew York Supreme Court · 1962
- Kang Jai Ass'n v. Poon Gee DattAppellate Division of the Supreme Court of the State of New York · 1952
- Podolsky v. VincentAppellate Division of the Supreme Court of the State of New York · 1949