Northern Bank v. Becker
Appellate Terms of the Supreme Court of New York
The defendant herein appeals from a judgment of the City Court of the city of New York and brings up for review, by the notice of appeal, an order made at a Special Term of that court directing that plaintiff have judgment upon the pleadings.
1Opinion of the CourtGiegerich, J.
A motion was made in the lower court by the plaintiff for judgment upon the pleadings, under section 537 of the Code of Civil Procedure, upon the ground that the answer was frivolous. The notice of motion was accompanied by an affidavit which states that “ it is made in support of a motion for an order directing judgment for plaintiff herein on the ground that the answer to the complaint herein is frivolous.”
The order made and entered upon the motion also recites that it was made “upon reading and filing the affidavit,” etc. The rule is well settled that a pleading cannot be declared to be…
2Cases cited1 opinion
- Rankin v. BushAppellate Division of the Supreme Court of the State of New York · 1904