Legal Opinion

Brown v. Beiley

Appellate Division of the Supreme Court of the State of New York

Decided December 6, 1918PublishedCited by 2 opinions

Appeal by the plaintiff, Joseph M. Brown, 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 3d day of June, 1918, granting respondent’s motion for judgment on the pleadings, consisting of a complaint and answer, and dismissing the complaint, and also from the judgment entered pursuant to said order in said clerk’s office on the 12th day of June, 1918, in respondent’s favor.

1Opinion of the Court

Merrell, J.:

This action was brought to recover of the defendants damages which plaintiff claims to have sustained by reason of malicious prosecution instituted and carried on by the respondent and the other defendants with whom he is impleaded. . The defendant, appellant, Harry Wilkus, appeared separately and answered, and moved for judgment on the pleadings dismissing the complaint as against said moving defendant. The motion was granted at Special Term upon the ground that the complaint did not state a cause of action against said defendant. From the order granting defendant’s motion for…

2Cases cited1 opinion

  1. Dalury v. RezinasAppellate Division of the Supreme Court of the State of New York · 1918

3Cited by2 opinions

  1. Chernow v. FeldmanAppellate Division of the Supreme Court of the State of New York · 1937
  2. Chernow v. FeldmanNew York Supreme Court · 1937

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