Legal Opinion
Willey v. Cameron, Michel & Co.
Appellate Division of the Supreme Court of the State of New York
Decided July 6, 1926PublishedCited by 4 opinions
1Opinion of the CourtMartin, J.
The defendant appeals from an order which, in addition to striking out its three defenses for insufficiency, purports to deny a motion to dismiss the complaint for faffing to state facts sufficient to constitute a cause of action. The appellant failed to make a formal motion to dismiss the complaint or for any other relief. Affidavits, however, were filed in connection with an application to vacate a notice for plaintiff’s examination. The defendant’s answering affidavit suggested that the amended complaint be dismissed for insufficiency. That this was treated by the court as bringing on a…
2Cases cited7 opinions
- Smith v. . HallNew York Court of Appeals · 1876
- Hale v. HirschAppellate Division of the Supreme Court of the State of New York · 1923
- Wenk v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Helfand v. Massachusetts Bonding & InsuranceAppellate Division of the Supreme Court of the State of New York · 1921
- White v. DrakeNew York Supreme Court · 1877
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3Cited by4 opinions
- Bernard v. Chase National BankAppellate Division of the Supreme Court of the State of New York · 1931
- Morrow v. . ClineSupreme Court of North Carolina · 1937
- General Aniline & Film Corp. v. Bayer Co.New York Supreme Court · 1946
- Klein-Messner Co. v. Fair Waist & Dress Co.Appellate Division of the Supreme Court of the State of New York · 1927