Legal Opinion
Bernard v. Chase National Bank
Appellate Division of the Supreme Court of the State of New York
Decided November 6, 1931PublishedCited by 8 opinions
1Opinion of the CourtO’Malley, J.
On plaintiff’s motion made under rule 109 of the Rules of Civil Practice to strike out a separate defense as insufficient, his complaint was dismissed. The sufficiency of the defense was not passed upon and the defendant made no counter motion directed to the sufficiency of the complaint.
Plaintiff’s appeal is predicated upon two grounds: (1) That in the absence of a counter motion made by the defendant the court was without authority to dismiss the complaint; and (2) that in any event the complaint was sufficient.
Our conclusion is that the first ground urged for reversal is well taken. While…
2Cases cited5 opinions
- Baxter v. . McDonnellNew York Court of Appeals · 1897
- Ventriniglia v. EichnerAppellate Division of the Supreme Court of the State of New York · 1910
- Hale v. HirschAppellate Division of the Supreme Court of the State of New York · 1923
- Fosmire v. . National Surety CompanyNew York Court of Appeals · 1920
- Willey v. Cameron, Michel & Co.Appellate Division of the Supreme Court of the State of New York · 1926
3Cited by8 opinions
- New Amsterdam Casualty Co. v. National Union Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1932
- Kronman v. KronmanAppellate Division of the Supreme Court of the State of New York · 1936
- People ex rel. Gillett v. DeLamaterAppellate Division of the Supreme Court of the State of New York · 1936
- Quintal v. GreensteinNew York Supreme Court · 1932
- West Washington Cut Meat Center, Inc. v. SolomonAppellate Division of the Supreme Court of the State of New York · 1940
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