Keyes v. Lestershire Heights Realty Co.
Appellate Division of the Supreme Court of the State of New York
• Appeal by the plaintiff, Cora.W. Keyes, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Broome on the 7th day of December, 1915, denying a motion for a retaxation of costs.
1Opinion of the Court
Howard, J.:
A demurrer may be brought on for hearing in three ways — under the original provisions of the Code, which require that the issue be noticed for trial at Special Term, put on the calendar, and reached in regular order; under section 547 of the Code, which authorizes a motion for judgment upon the pleadings; under section 976 of the Code, which provides that the demurrer may be brought on and tried as a contested motion. In the case before us the plaintiff chose the latter method; that is to say, she noticed the issue as a contested motion and it was disposed of by an order, the…
2Cases cited1 opinion
- National Park Bank v. BillingsAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by2 opinions
- Dahm v. O'ConnellAppellate Division of the Supreme Court of the State of New York · 1917
- Kahn v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1917