Shaw v. Feltman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles L. Feltman and another, from 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 5th day of October, 1904, overruling as frivolous the defendants’ demurrer to the plaintiff’s complaint.
1Opinion of the Court
Woodward, J.:
The plaintiff has attempted to set forth a cause of action for personal in juries due to the negligence of the defendants. The defendants have demurred on the ground that the complaint does not set forth facts sufficient to constitute a cause of action, and the plaintiff, under the provisions of section 537 of the Code of Civil Procedure, has moved the court to overrule the demurrer on the ground that it is frivolous, and this motion has been granted. The defendants appeal.
The complaint in this action is certainly not so clear and concise in its statement of facts that there is…
2Cases cited2 opinions
- Cook v. . WarrenNew York Court of Appeals · 1882
- Rankin v. BushAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by4 opinions
- Delmar v. Kinderhook Knitting Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Hildreth v. Mercantile Trust Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Hildreth v. Mercantile Trust Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Shaw v. FeltmanAppellate Division of the Supreme Court of the State of New York · 1907