Bacharach v. American Union Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from an order of the Appellate Term, entered in the Hew York county clerk’s office on the 6th day of April, 1914, affirming an order of the City Court denying plaintiff’s motion for judgment on the pleadings.
1Per curiam
The notice of motion.given by the plaintiff was for judgment on the pleadings. Ho motion was made by the defendant for judgment in its favor. We think the Special Term of the City Coiu-t correctly denied the plaintiff’s motion for judgment on the pleadings; but no motion having been made to sustain the demurrer, the order should have been confined to a simple denial of the plaintiff’s motion, with ten dollars costs to the defendant. (See Ventriniglia v. Eichner, 138 App. Div. 274; Buff v. Queensbro Heights Band Corporation, 156 id. 913.) The determination appealed from and the order of the…
2Cases cited1 opinion
- Ventriniglia v. EichnerAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by2 opinions
- Lobsitz v. E. Lissberger Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Lobsitz v. E. Lissberger Co.Appellate Division of the Supreme Court of the State of New York · 1915