Realty Associates v. Hoage
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Realty Associates, from that part of 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 Kings on the 9th day of September, 1910, which denied plaintiff’s motion for judgment on the pleadings.
1Opinion of the Court
Per Curiam :
Hpon the complaint, and the demurrer of the defendant Hoage, plaintiff moved at Special Term for Motions “ for judgment on the *800pleadings pursuant to the provisions of section 547 of the Code of Civil Procedure,” and for certain relief. The learned Special Term ■ denied the motion as to' the defendant Hoage, in that he had “ interposed a. demurrer to the complaint which presents a serious question ■ of law and cannot be disposed of on this motion,, inasmuch as the plaintiff has simply moved .under section 547 of the Code and not under section 976: of the Code, which permits of an…
2Cases cited4 opinions
- Schleissner v. GoldstickerAppellate Division of the Supreme Court of the State of New York · 1909
- Jones v. GouldAppellate Division of the Supreme Court of the State of New York · 1909
- Theiling v. MarshallAppellate Division of the Supreme Court of the State of New York · 1910
- Lane v. . FennNew York Court of Appeals · 1909
3Cited by3 opinions
- Posner v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1912
- Longenecker v. Longenecker Bros.New York Supreme Court · 1913
- Reade v. HalpinNew York Supreme Court · 1920