Scranton Lehigh Coal Co. v. Henry Hetkin & Co.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the borough of Kings rendered in favor of plaintiff.
1Per curiam
This is an appeal from a judgment directed on the pleadings and from an order denying a motion made by said defendant for leavé to plead over to said complaint.
The appellant claims that the Municipal Court had no authority to grant a motion to direct judgment on the pleadings, citing Martin v. Lefkowitz, 62 Misc. Rep. 490, and the defendant acquiesces in this proposition. But the case of Maune v. Unity Press, 139 App. Div. 740, settled the law that the court has power to direct such judgment.
It is, therefore, necessary to decide whether the judgment was properly directed. The complaint, which…
2Cases cited4 opinions
- Rochkind v. PerlmanAppellate Division of the Supreme Court of the State of New York · 1908
- City of New York v. . MatthewsNew York Court of Appeals · 1904
- Maune v. Unity PressAppellate Division of the Supreme Court of the State of New York · 1910
- Martin v. LefkowitzAppellate Terms of the Supreme Court of New York · 1909