Legal Opinion
Fleischer v. Terker
New York Court of Appeals
Decided April 26, 1932PublishedCited by 24 opinions
1Opinion of the Court
Pound, Ch. J.
Plaintiff brings this action to foreclose a mortgage. The defendants are tenants in common of the mortgaged property. The answer of defendant-appellant contains denials and a defense consisting of new matter. The courts below have held that the denials on their face do not present a question of fact to be tried (Rules Civ. Prac. rule 112) and that the defense should be stricken out on the ground that it is insufficient in law on the face thereof. (Rules Civ. Prac., rule 109, subd. 6.) Judgment on the pleadings has been awarded to plaintiff pursuant to rule 112 of the Rules of…
2Cases cited11 opinions
- Meinhard v. SalmonNew York Court of Appeals · 1928
- General Investment Co. v. Interborough Rapid Transit Co.New York Court of Appeals · 1923
- Wayland v. . TysenNew York Court of Appeals · 1871
- Hanna v. MitchellAppellate Division of the Supreme Court of the State of New York · 1922
- Morris v. . TuthillNew York Court of Appeals · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Socony-Vacuum Oil Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1936
- Purdy v. McGarityAppellate Division of the Supreme Court of the State of New York · 1941
- Shell Oil Co. v. McGrawAppellate Division of the Supreme Court of the State of New York · 1975
- Zwerdling ex rel. Bethlehem Steel Corp. v. BentAppellate Division of the Supreme Court of the State of New York · 1942
- Esteves v. SwobodzienNew York Supreme Court · 1949
19 more not listed; retrieve them via the Exa API.