Higgins v. New York Dock Co.
New York Supreme Court
Motion by defendant for judgment on the pleadings.
1Opinion of the CourtKelly, J.
The defendant moves for judgment on the pleadings, as provided in section 547 of the Code of Civil Procedure. 'Such motion is properly made at the special term for motions. ' While the questions involved are similar to those raised by demurrer, this section was added to- the Code in 1908, providing for a speedy determination of the question of the sufficiency of pleadings. Mitchell v. Dunmore Realty Co., 135 App. Div. 583; White v. Gibson, 61 Misc. Rep. 436; Schlessner v. Goldsticker, 135 App. Div. 435. The plaintiff’s objection that the motion -should be made at the special term for trials…
2Cases cited5 opinions
- Fort Plain Bridge Co. v. . SmithNew York Court of Appeals · 1864
- Schleissner v. GoldstickerAppellate Division of the Supreme Court of the State of New York · 1909
- Mitchell v. Dunmore Realty Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Gallagher v. KeatingAppellate Division of the Supreme Court of the State of New York · 1899
- White v. GibsonNew York Supreme Court · 1908