Legal Opinion
Sohmer Factors Corp. v. 278 Corp.
Appellate Terms of the Supreme Court of New York
Decided April 1, 1958PublishedCited by 5 opinions
1Opinion of the CourtWalter R. Hart, J.
The individual defendants appeal from an order granting plaintiff summary judgment and denying their cross motion for summary judgment. While the cross notice of motion by defendants states they were moving ‘ for an order dismissing the complaint on the grounds that the same does not set forth a cause of action and is unenforcible in law,” the court below and the parties deemed it a motion for summary judgment. It will be so considered for the purposes of this appeal in view of the provision of rule 113 of the Rules of Civil Practice that where one party moves for summary judgment and it…
2Cases cited28 opinions
- Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- Edwards v. KearzeySupreme Court of the United States · 1878
- Bronson v. KinzieSupreme Court of the United States · 1843
23 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ury v. Jewelers Acceptance Corp.California Court of Appeal · 1964
- Gershon v. SardoniaNew York Supreme Court · 1966
- Southern Farm Bureau Life Insurance v. McClellanCourt of Appeals for the Fifth Circuit · 1970
- Sohmer Factors Corp. v. 187-20 Tioga Drive Corp.Appellate Division of the Supreme Court of the State of New York · 1959
- Southern Farm Bureau Life Insurance Company v. Adnette T. McclellanCourt of Appeals for the Fifth Circuit · 1970