Kenneth v. Newgold
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Morris Newgold, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of December, 1917, granting plaintiff’s motion for judgment on the pleadings, consisting of a complaint and an amended answer, and further directing the defendant The Equitable Trust Company of New York to turn over to plaintiff the sum of $10,000.
1Opinion of the Court
Latjghlin, J.:
Notice of the motion was given to both defendants, but the Equitable Trust Company did not appear and the record contains no pleading by it. It appears that the appellant served a second amended answer, and, therefore, the motion so far as he is concerned, must be decided on the complaint and that answer. The plaintiff, however, improperly read in support of the motion the original and amended answers. They have been incorporated in the record but cannot be considered. If the purpose thereof was to show that defendant should not be granted further leave to amend that…
2Cases cited3 opinions
- Patterson v. . MeyerhoferNew York Court of Appeals · 1912
- Zadek v. Olds, Wortman & KingAppellate Division of the Supreme Court of the State of New York · 1915
- Rockwell v. HurstNew York Court of Common Pleas · 1891
3Cited by4 opinions
- Walker v. GerliAppellate Division of the Supreme Court of the State of New York · 1939
- Burgundy Basin Inn, Ltd. v. Watkins Glen Grand Prix Corp.Appellate Division of the Supreme Court of the State of New York · 1976
- Brown v. Mount Vernon Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1952
- In re Kantor's Delicatessen, Inc.District Court, E.D. New York · 1940