Legal Opinion
Auerbach v. Mr. & Mrs. Foster's Place, Inc.
City of New York Municipal Court
Decided February 15, 1927PublishedCited by 4 opinions
1Opinion of the CourtLeary, J.
This is an action by the plaintiff, lessor, against the defendant, lessee, to recover a payment claimed to be due under a lease. Upon the trial no testimony was taken; instead, three motions were made, one by the plaintiff and two by the defendant, and the question of law involved is before the court for decision on the following motions:(1) A motion by the defendant to dismiss the complaint on the ground that it fails to state facts sufficient to constitute a cause of action.(2) A motion by the plaintiff to strike out from the amended answer .the first and second separate defenses on the…
2Cases cited11 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Reed v. Insurance Co.Supreme Court of the United States · 1877
- Hartigan v. . Casualty Co. of AmericaNew York Court of Appeals · 1919
- Brainard v. N.Y.C.R.R. Co.New York Court of Appeals · 1926
- Codman v. American Piano Co.Massachusetts Supreme Judicial Court · 1918
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3Cited by4 opinions
- Moore v. Johnson Service Co.West Virginia Supreme Court · 1975
- Kama Rippa Music, Inc. v. SchekerykCourt of Appeals for the Second Circuit · 1975
- Lowe v. FeldmanNew York Supreme Court · 1957
- Kama Rippa Music, Inc. v. Ms. Melanie Schekeryk, and Ms. Melanie Schekeryk and Peter Schekeryk, Individually and D/B/A Amelanie Music, Melanie Schekeryk, Counterclaimant-Appellee, and Ms. Melanie Schekeryk and Peter Schekeryk, Individually and D/B/A Amelaine Music and Two People Music, Counterclaimants v. Kama Rippa Music, Inc., Counterdefendant-Appellant, and Kama Sutra Music, Inc. And Buddah Records, Inc., CounterdefendantsCourt of Appeals for the Second Circuit · 1975