Legal Opinion
Schamber Chemical Co. v. Ross & Kominsky Plumbing & Heating Co.
Appellate Division of the Supreme Court of the State of New York
Decided March 6, 1940Published
1Opinion of the Court
Judgment and orders affirmed, with costs. Memorandum: The order denjdng the motion to dismiss the complaint for failure to state facts sufficient to constitute a cause of action, from which no separate appeal has been taken, is reviewable on the appeal from the judgment under review, especially since the notice of appeal from said judgment specifically refers to said order and brings it up for review. (Civ. Prac. Act, § 580; Barber v. Rowe, 200 App. Div. 290, 295; Ansorge v. Kane, 244 N. Y. 395, 397; Vogeler v. Alwyn Improvement Corp., 247 id. 131, 134, 135; Henry v. New York Post, Inc., 168…
2Cases cited10 opinions
- Ansorge v. KaneNew York Court of Appeals · 1927
- Borough Construction Co. v. City of New YorkNew York Court of Appeals · 1910
- Davison v. KlaessNew York Court of Appeals · 1939
- American Bridge Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1935
- Henry v. New York Post, Inc.New York Court of Appeals · 1939
5 more not listed; retrieve them via the Exa API.