Brows v. Reiter
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an order in favor of the defendant, entered in the Municipal Court of the city of New York, second district, borough of The Bronx.
1Opinion of the CourtMcCall, J.
Upon the opening of the trial in this case, the defendant moved for a dismissal of the complaint, upon the ground that it did not state facts sufficient to constitute a cause of action. This motion was granted, with leave to the plaintiff to serve an amended complaint upon payment of five dollars costs to the defendant, and an order was entered to that effect, and from that order the plaintiff appeals. The complaint was a verified one and was served with the summons. Subdivision 2 of section 145 of the Municipal Court Act, provides that, “ In all cases where a written complaint, verified or…
2Cases cited3 opinions
- Leavitt v. KatzoffAppellate Terms of the Supreme Court of New York · 1904
- Smith v. ElyAppellate Terms of the Supreme Court of New York · 1905
- Morris v. HunkenAppellate Division of the Supreme Court of the State of New York · 1899