Legal Opinion
Long Island Trust Co. v. Merz
New York Supreme Court
Decided May 7, 1959PublishedCited by 4 opinions
1Opinion of the CourtMario Pittoni, J.
The plaintiff moves, pursuant to rules 104, 109 and 113 of the Rules of Civil Practice, for an order striking out the answer of the defendant, Daniel J. O’Reilly, and for summary judgment against him.
*3431. The motion under rule 104 to strike the answer as sham and frivolous is denied.
Such a motion may be granted only if the whole answer is defective. A motion addressed to only part of the answer must be under rule 103 as a corrective motion, and not as a motion for judgment (5 Carmody-W ait, New York Practice, § 60, p. 87).
This answer contains at least one denial that is not frivolous on its face…
2Cases cited8 opinions
- Jamestown Business College Assn. v. . AllenNew York Court of Appeals · 1902
- McNaught v. . McClaughryNew York Court of Appeals · 1870
- Fadex Foreign Trading Corp. v. Crown Steel Corp.New York Court of Appeals · 1948
- Erie County Savings Bank v. . CoitNew York Court of Appeals · 1887
- Gravel Products Division of Buffalo Crushed Stone Corp. v. Sunnydale Acres, Inc.New York Supreme Court · 1958
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hayduk v. Mahoney Motor Sales, Inc.Appellate Division of the Supreme Court of the State of New York · 1962
- National Bank of North America v. Around Clock Truck Service, Inc.New York Supreme Court · 1968
- In re Appliance Packing & Warehousing Corp.District Court, S.D. New York · 1972
- 30-12 Lewmay Corp. v. Public Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1967