Rothman v. Kosower
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the City Court of the city of New York, dismissing the complaint at the opening of the trial.
1Opinion of the CourtGildersleeve, J.
The plaintiff’s complaint was dismissed, at the opening of the trial, upon motion made by the defendant, and upon the ground that it did not state facts sufficient to constitute a cause of action. This is similar in effect to a demurrer upon those grounds and, therefore, all the allegations contained in the complaint must be taken as true. The complaint alleges, in substance, that on August 1, 1904, the plaintiff, by a written lease, executed by the parties, leased from the defendant certain premises in this city for the term of three years; the term to begin on May 1, 1905, the yearly rental…
2Cases cited3 opinions
- Trull v. . GrangerNew York Court of Appeals · 1853
- Sullivan v. SchmittAppellate Division of the Supreme Court of the State of New York · 1904
- Goerl v. DamrauerAppellate Terms of the Supreme Court of New York · 1899
3Cited by1 opinion
- Hammond v. JonesIndiana Court of Appeals · 1908