Todaro v. Somerville Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Filippo Todaro, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 11th day of ¡November, 3909, upon the decision of the court, rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Carr, J.:
This appeal brings up for review ah interlocutory judgment sustaining a demurrer to the complaint herein on the ground that it does not set forth facts sufficient to constitute a cause. This .com*768plaint has been before this court for consideration as to its .sufficiency in tho action of Schuller v. Todaro (136 App. Div. 900), and it was held by this court that it did not state a cause of action against the defendant Schuller. We might well dispense with any further consideration of'the question were it not for the fact that our prior decision was not accompanied with an opinion, and…
2Cases cited1 opinion
- Schuller v. TodaroAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by4 opinions
- Nasha Holding Corp. v. Ridge Building Corp.Appellate Division of the Supreme Court of the State of New York · 1927
- Todaro v. Somerville Realty Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Schuller v. TodaroAppellate Division of the Supreme Court of the State of New York · 1909
- Schuller v. TodaroAppellate Division of the Supreme Court of the State of New York · 1910