Rubin v. Myrub Realty Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtO’Malley, J.
Two orders are before us, one granting plaintiff’s motion for an examination before trial and the other denying defendants’ counter-motion for judgment on the pleadings. We are of opinion that both orders were properly made and should be affirmed.
The allegations of the complaint, briefly summarized, show these facts: The plaintiff was a widow and Myer Rubin, a widower. The defendants Louis Rubin, Morris Rubin and Beckie Goldstein were his children by a former marriage. Myer Rubin stated and *542represented orally to the plaintiff, prior to the marriage, that if she would marry him, she would…
2Cases cited13 opinions
- Thayer v. ThayerSupreme Court of Vermont · 1842
- Collins v. CollinsCourt of Appeals of Maryland · 1904
- Smith v. SmithSupreme Court of Colorado · 1896
- Byrnes v. OwenNew York Court of Appeals · 1926
- Grover v. CloverSupreme Court of Colorado · 1917
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3Cited by6 opinions
- Bodner v. FeitAppellate Division of the Supreme Court of the State of New York · 1936
- Thompson v. ThompsonNew York Supreme Court · 1937
- In re the Estate of McGloneNew York Surrogate's Court · 1939
- Davis v. DavisSupreme Court of Florida · 1957
- In re the Estate of KleinermanNew York Surrogate's Court · 1971
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