Gilleran v. Colby
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas E. Oolby, from an order of the Supreme Court, made at the Bronx Special Term and entered in the office of the clerk of the county of Bronx on the 30th day of July, 1914, granting plaintiff’s motion for judgment on the pleadings.
1Opinion of the Court
McLaughlin, J.:
The defendant demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action, and also that it appeared upon the face thereof that more than one year had elapsed since it accrued. After the demurrer had been interposed, plaintiff moved, under section 547 of the Code of Civil Procedure, for judgment on the pleadings. The motion was granted, with leave, however, to the defendant to withdraw the demurrer within twenty days and interpose an answer. The defendant appeals from the order, except in so far as it allows him to withdraw…
2Cases cited5 opinions
- Ackerman v. . AckermanNew York Court of Appeals · 1910
- Curtiss v. TellerAppellate Division of the Supreme Court of the State of New York · 1913
- Palen v. . JohnsonNew York Court of Appeals · 1872
- Crusins v. SiegmanNew York Supreme Court · 1913
- Wood v. ScudderAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by4 opinions
- Robinson v. MillerAppellate Division of the Supreme Court of the State of New York · 1924
- Mill Street Realty, Inc. v. ReinekeAppellate Division of the Supreme Court of the State of New York · 1990
- Yager v. Rubymar Corp.New York Supreme Court · 1961
- Hartel v. KobbNew York Supreme Court · 1956