Schwartz v. Williams
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Michel I. Schwartz, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Richmond on the 9th day of August, 1912, denying the plaintiff’s motion for judgment on the pleadings and sustaining a demurrer interposed by the defendants.
1Opinion of the Court
Woodward, J.:
Two separate and distinct causes of action are set forth in the complaint, and the defendants have interposed demurrers to the second cause of action. The learned court at Special Term has sustained the demurrer to the second cause of action on the ground that it does not state facts sufficient to constitute a cause of action, and the reasons therefor, which seem-to us entirely sufficient, are given in a memorandum handed down by the court.
It is urged, however, upon the authority of Ventriniglia v. Eichner (138 App. Div. 274) that the court had no authority to sustain the…
2Cases cited1 opinion
- Ventriniglia v. EichnerAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by2 opinions
- Manhattan & Jamaica Railway Co v. BradyAppellate Division of the Supreme Court of the State of New York · 1915
- Schwartz v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1913