Baird v. Grace Church
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Grace Church of Millbrook, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 5th day of April, 1921, denying defendant’s motion for judgment on the pleadings dismissing the complaint.
1Opinion of the Court
Kelly, J.:
The defendant moved for judgment upon the pleadings upon the claim that the complaint did not state a cause of action. The denials contained in the answer do not help the defendant, and there is no reply to the new matter in the separate defenses pleaded, which must, therefore, be deemed controverted by the plaintiff by traverse or avoidance as the case requires. (Code Civ. Proc. § 522.) While the complaint contains many averments which are not facts, making it subject to criticism, this is not such a motion under sections 545 and 546 of the Code of Civil Procedure.
We, however, find…
2Cases cited1 opinion
- Youngs v. RansomNew York Supreme Court · 1859