Melenky v. Melen
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Fannie B. Melenky, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 11th day of December, 1920, sustaining the demurrer of the defendant, Asher P. Melen, to the complaint, and per-mil,ting the plaintiff to serve an amended complaint upon payment of costs within ten days after the service of a copy of said order.
1Opinion of the Court
Davis, J.:
The defendant Asher P. Helen has demurred to the complaint. We may, therefore, state the admitted facts as follows: The defendants are residents of the city of Rochester and the plaintiff is the wife of the defendant Reuben Helenky. The defendant known as Asher P. Helen is the oldest son of Reuben Helenky by a former marriage, and was associated with his father in the management of the latter’s business and property prior to January, 1913, at which latter date the father, then a widower, journeyed to California and there remained for some time because of ill health.
In the month of…
2Cases cited4 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Phelps v. . PhelpsNew York Court of Appeals · 1894
- Clifford v. . KampfeNew York Court of Appeals · 1895
- Lugar v. LugarAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by2 opinions
- Wisconsin State AFL-CIO v. Elections BoardDistrict Court, E.D. Wisconsin · 1982
- WISCONSIN STATE AFL-CIO v. Elections Bd.District Court, E.D. Wisconsin · 1982