Robinson v. Whitaker
Appellate Division of the Supreme Court of the State of New York
Four separate appeals in one action by the plaintiff, Caroline M. Robinson, from orders of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York. Appeal No. 1 is from an order entered on the 19th day of October 1922, granting the motion of the defendants Inness Whit fiber, Enos S. Booth and John Vance Hewitt for judgment dismissing the complaint as to them.
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Four separate appeals in one action by the plaintiff, Caroline M. Robinson, from orders of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York. Appeal No. 1 is from an order entered on the 19th day of October 1922, granting the motion of the defendants Inness Whit fiber, Enos S. Booth and John Vance Hewitt for judgment dismissing the complaint as to them. Appeal No. 2 is from an order entered on the 19th day of October, 1922, granting the motion of the defendant Joseph L. Meade for judgment dismissing the complaint as to him;…
1Opinion of the Court
Merrell, J.:
The motions to dismiss were made separately by the above-mentioned defendants under rule 106 of the Rules of Civil Practice. The grounds set forth in the motion papers were that the complaint does not state facts sufficient to constitute a cause of action; that the plaintiff has an adequate remedy at law, and that there is another action pending between the same parties for the same cause. The learned trial justice granted the several motions upon the ground that “ the matters alleged in the complaint are available as a defense in the action now pending in this court in which the…
2Cases cited3 opinions
- Brown v. . GallaudetNew York Court of Appeals · 1880
- Low v. SwartwoutAppellate Division of the Supreme Court of the State of New York · 1916
- Newgent v. AlsbergAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by10 opinions
- Lee v. SchmeltzerAppellate Division of the Supreme Court of the State of New York · 1930
- Ogden v. Riverview Holding Corp.New York Supreme Court · 1929
- Boissevain v. BoissevainNew York Supreme Court · 1927
- Coley v. CampbellNew York Supreme Court · 1926
- Chadbourne v. MayerAppellate Division of the Supreme Court of the State of New York · 1924
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