Legal Opinion
Koppel Industrial Car & Equipment Co. v. Portalis & Co.
Appellate Division of the Supreme Court of the State of New York
Decided April 6, 1923PublishedCited by 13 opinions
1Opinion of the Court
Page, J.:
The defendant moved for judgment on the pleadings, consisting of an amended complaint, answer, reply and plaintiff’s bill of particulars, dismissing the first cause of action.
The action was commenced on March 30, 1921. The motion was, therefore, construed as being made under section 547 of the Code of Civil Procedure (Civ. Prac. Act, § 1569), and the court in denying the motion said: “ Although under section 476 of the Civil Practice Act, defendant’s motion for judgment would apparently be a proper one, as the motion is made under section 547 of the Code, and the pleadings contain…
2Cases cited4 opinions
- Feizi v. Second Russian InsuranceAppellate Division of the Supreme Court of the State of New York · 1922
- Stevenson v. DevinsAppellate Division of the Supreme Court of the State of New York · 1913
- Sayre v. Progressive Construction & Leasing Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Koppel Industrial Car & Equipment Co. v. Portalis & Co.New York Supreme Court · 1922
3Cited by13 opinions
- Citizens Trust Co. v. R. Prescott & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1927
- Richardson v. GregoryAppellate Division of the Supreme Court of the State of New York · 1927
- H. C. King Motor Sales Corp. v. AllenAppellate Division of the Supreme Court of the State of New York · 1924
- Alberts v. Remington Rand, Inc.New York Supreme Court · 1940
- Michalek v. United States Gypsum Co.Court of Appeals for the Second Circuit · 1935
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