Interstate Pulp & Paper Co. v. New York Tribune
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Interstate Pulp & Paper Co., Inc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of November, 1922, denying its motion for judgment on the pleadings and for summary judgment.
1Per curiam
So much of the decision in Dwan v. Massarene (199 App. Div. 872) as holds that we will not review appeals from orders denying motions for summary judgment under rule 113 of the Rules of Civil Practice, we have expressly overruled in two cases (Lee v. Graubard, 205 App. Div. 344; Hongkong & Shanghai Banking Corp. v. Lazard-Godchaux Co., 207 id. 174).
This is not an action for a debt .or liquidated demand within the purview of rule 113, and for that reason the motion for summary judgment was properly denied. The motion for judgment on the pleadings under rule 112 of the Rules of Civil Practice…
2Cases cited2 opinions
- Dwan v. MassareneAppellate Division of the Supreme Court of the State of New York · 1922
- Lee v. GraubardAppellate Division of the Supreme Court of the State of New York · 1923
3Cited by3 opinions
- Joseph Mogul, Inc. v. C. Lewis Lavine, Inc.New York Court of Appeals · 1928
- Lowe v. Plainfield Trust Co. of PlainfieldAppellate Division of the Supreme Court of the State of New York · 1926
- Schlesinger v. SchroederWisconsin Supreme Court · 1933