Legal Opinion
James Conforti Construction Co v. Neek Realty Corp.
Appellate Terms of the Supreme Court of New York
Decided November 17, 1925PublishedCited by 4 opinions
1Opinion of the Court
Proskauer, J.:
Defendants appeal from judgments in three actions by the payee on promissory notes after a verdict by the jury.
The defense was failure of consideration. The sole claim of error raised here is the denial by the court of the defendants’ assertion of the right to open and close.
The answer, by failure to deny, admitted every allegation contained in the identical causes of action in the complaint, except that of non-payment. The denials, therefore, raise no issue. (Cash v. American Specialty Tailoring Co., 157 App. Div. 729; Posner v. Rosenberg, No. 2, 149 id. 272, 277; Bremer v.…
2Cases cited32 opinions
- Carnwright v. . GrayNew York Court of Appeals · 1891
- Carter v. ButlerSupreme Court of Missouri · 1915
- Lake Ontario National Bank v. JudsonNew York Court of Appeals · 1890
- Henry Glass & Co. v. MisrochNew York Court of Appeals · 1925
- Piner v. . BrittainSupreme Court of North Carolina · 1914
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3Cited by4 opinions
- United Transportation Co. v. GlennAppellate Division of the Supreme Court of the State of New York · 1929
- Kemppainen v. Suomi Temperance SocietyOregon Supreme Court · 1929
- In re the Estate of FeeNew York Surrogate's Court · 1934
- Monahan v. Sunset Appliance Stores, Inc.New York Supreme Court · 1969