Legal Opinion
Jenks v. Lowe
Appellate Terms of the Supreme Court of New York
Decided December 16, 1954PublishedCited by 1 opinion
1Per curiam
Order denying motion by the defendant for judgment under rule 112 of the Eules of Civil Practice and section 476 of the Civil Practice Act unanimously modified, without costs, on the law, and said motion denied without prejudice to renewal in accordance with proper practice.
Affidavits improperly submitted in connection with defendant’s cross motion for judgment on the pleadings were considered by the court below in connection with plaintiff’s motion for summary judgment, in which no affidavits were initially sub*143mitted by the plaintiff, nor opposing affidavits by the defendant. Facts even when…
2Cases cited5 opinions
- Gracie Square Realty Corp. v. Choice Realty Corp.New York Court of Appeals · 1953
- O'Connor-Sullivan, Inc. v. OttoAppellate Division of the Supreme Court of the State of New York · 1954
- Anderson v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1954
- Universal Credit Co. v. UgglaAppellate Division of the Supreme Court of the State of New York · 1936
- Mackay v. MackayNew York Supreme Court · 1952
3Cited by1 opinion
- Ryan v. Roman Catholic ChurchNew York Supreme Court · 1962