Pease Piano Co. v. Taylor
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George N. Taylor, 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 8th day of April, 1921, denying defendant’s motion for judgment on the pleadings.
1Opinion of the Court
Page, J.:
The motion was denied on the ground that it should have been made before the referee appointed to hear and determine the issue, and without prejudice to a renewal of the motion before the referee.
The referee was appointed by an order dated January 5, 1920. This motion was made on March 22, 1921. No notice of a hearing before the referee has been served.
The purpose of section 547 of the Code of Civil Procedure is to enable a litigant at any time after issue joined and before trial to move for judgment on the pleadings, as he could upon the trial. A motion for judgment upon the ground…
2Cases cited6 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- North-Western Mutual Life Insurance v. MooneyNew York Court of Appeals · 1888
- Dineen v. MayAppellate Division of the Supreme Court of the State of New York · 1912
- Wolfsheimer v. FrankelAppellate Division of the Supreme Court of the State of New York · 1909
- Wilson Co., Incorporated v. . Hartford Fire Ins. Co.New York Court of Appeals · 1920
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kleinfeld v. Roburn Agencies, Inc.Appellate Division of the Supreme Court of the State of New York · 1946
- Usachem, Inc. v. Howard A. Goldstein and Howard A. Goldstein D/B/A Goldseal AssociatesCourt of Appeals for the Second Circuit · 1975
- Cerciello v. Admiral Ins. BroKerage Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Richardson v. GregoryAppellate Division of the Supreme Court of the State of New York · 1927
- Feiger v. Iral Jewelry, Ltd.Appellate Division of the Supreme Court of the State of New York · 1976
7 more not listed; retrieve them via the Exa API.