Legal Opinion

Alabiso v. Schuster

Appellate Division of the Supreme Court of the State of New York

Decided May 26, 1948PublishedCited by 8 opinions

1Opinion of the CourtKimball, J.

This is an appeal from an order denying the appellant’s motion to dismiss the first cause of action of the complaint under rule 106 of the Rules of Civil Practice on the ground that it does not state facts sufficient to constitute a cause of action.

The complaint alleges that the plaintiff-respondent was a tenant of the defendant-appellant; that the landlord petitioned the rent director of the Office of Price Administration for a certificate permitting the eviction of the tenant, alleging and representing that- he required the housing accommodations for his own personal use and occupancy; that…

2Cases cited12 opinions

  1. United States v. ThrockmortonSupreme Court of the United States · 1878
  2. Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
  3. Brackett v. . GriswoldNew York Court of Appeals · 1889
  4. Verplanck v. . Van BurenNew York Court of Appeals · 1879
  5. Kuelling v. Roderick Lean Manufacturing Co.New York Court of Appeals · 1905

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3Cited by8 opinions

  1. Powers v. ShoreSupreme Court of Missouri · 1952
  2. Bedell v. DaughertySupreme Court of Missouri · 1951
  3. Crawford v. PituchSupreme Court of Pennsylvania · 1951
  4. Lyster v. BerberichNew Jersey Superior Court Appellate Division · 1949
  5. Murphy v. T. B. O'Toole, Inc.Superior Court of Delaware · 1950

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