Rieser v. L. Prager, Inc.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Ely J. Rieser, doing business under the trade name of Ely J. Rieser & Co., against L. Prager, Incorporated. From an interlocutory judgment overruling defendant’s demurrer, it appeals. Judgment reversed, and demurrer sustained.
1Opinion of the CourtGa Vegan, J.
[ 1 ] The action is on a written guaranty. The complaint and demurrer were first before the court below on plaintiff’s motion for judgment on the pleadings under section 547 of the Code. The court on said motion sustained the demurrer, but was without power to award judgment for defendant; no cross-notice of motion having been served. Zeilcus v. Florida East Coast R. R., 70 Misc. Rep. 339, at page 342, 128 N. Y. Supp. 931; Ventriniglia v. Eichner, 138 App. Div. 274, 122 N. Y. Supp. 966.
*119Subsequently defendant brought the same complaint and demurrer on for argument as a trial of an issue of law…
2Cases cited4 opinions
- Ventriniglia v. EichnerAppellate Division of the Supreme Court of the State of New York · 1910
- Aldrich v. Newburgh News Printing & Publishing Co.New York Supreme Court · 1910
- Zeikus v. Florida East Coast Railway Co.New York Supreme Court · 1911
- Lobsitz v. E. Lissberger Co.New York Supreme Court · 1915
3Cited by1 opinion
- Endurance Holding Corp. v. Kramer Surgical Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1930