Hochster v. City Bank Farmers Trust Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCallahan, J.
These are appeals by defendants from two orders of Special Term which denied two separate motions to dismiss the complaint herein under rules 106 and 107 of the Rules of Civil Practice, and for judgment on the pleadings under rule 112 of the Rules of Civil Practice. The appeals present two principal issues: (1) Whether the complaint sets forth facts sufficient to constitute a cause of action, and (2) whether an existing decree of the Surrogate’s Court, Westchester County, is res judicata.
The complaint alleges that plaintiff is the surviving spouse of William Rice Hochster, who died on…
2Cases cited11 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Rudd v. . CornellNew York Court of Appeals · 1902
- Newman v. DoreNew York Court of Appeals · 1937
- Reich v. . CochranNew York Court of Appeals · 1896
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3Cited by6 opinions
- In re the Estate of ZietzNew York Surrogate's Court · 1954
- DiMauro v. PaviaDistrict Court, D. Connecticut · 1979
- In re the Estate of AlexandroffNew York Surrogate's Court · 1944
- In re the Estate of HarrisonAppellate Division of the Supreme Court of the State of New York · 1974
- Commercial Bank of North America v. Employers Insurance of WausauCivil Court of the City of New York · 1968
1 more not listed; retrieve them via the Exa API.