Legal Opinion
Benway v. City of Watertown
Appellate Division of the Supreme Court of the State of New York
Decided May 9, 1956PublishedCited by 4 opinions
1Per curiam
Plaintiff appeals from an order of the Special Term dismissing her amended complaint. There are also cross appeals from an order of the same Special Term granting in part plaintiff’s motion pursuant to section 292-a of the Civil Practice Act for an order permitting examination of the defendant before trial for the purpose of framing a second amended complaint. The dismissal of the amended complaint was on the ground that it fails to state facts sufficient to constitute a cause of action.
Assuming, as we must, the facts alleged in the complaint, and broadly construing the pleading, we believe…
2Cases cited6 opinions
- Steitz v. City of BeaconNew York Court of Appeals · 1945
- McCrink v. City of New YorkNew York Court of Appeals · 1947
- Brown v. ShyneNew York Court of Appeals · 1926
- Kingsland v. Erie County Agricultural SocietyNew York Court of Appeals · 1949
- Murrain v. Wilson Line, Inc.Appellate Division of the Supreme Court of the State of New York · 1946
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Southworth v. StateAppellate Division of the Supreme Court of the State of New York · 1978
- Snyder v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1986
- Santaiti v. Town of RamapoAppellate Division of the Supreme Court of the State of New York · 2018
- Whitaker v. Estate of MurphyHenrico County Circuit Court · 1982