First Bank of Notasulga v. Casualty Co. of America
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Casualty Company of America, 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 16th day of May, 1916, granting plaintiff’s motion for judgment on the pleadings consisting of an amended complaint and answer thereto, and also from the judgment entered in the office of the clerk of the county of New York on the 23d day of May, 1916, pursuant to said order.
1Opinion of the Court
Page, J.:
The action was brought upon an undertaking given upon an appeal to the Appellate Division from a judgment of the Supreme Court. The motion was made by the plaintiff for judgment on the pleadings, consisting of a complaint and answer. The answer was held to be frivolous and the motion granted. On this appeal the defendant maintains that the complaint is insufficient in that it fails to state generally or specifically that “ten days have,expired since the service upon the attorney for the appellant and upon the sureties on such undertaking of a written notice of the entry of a judgment…
2Cases cited1 opinion
- Levy v. CohenAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by4 opinions
- Union Trust Co. v. Main & South Streets Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1935
- Wasserman v. MaslonAppellate Terms of the Supreme Court of New York · 1930
- McAvoy v. National Surety Corp.Appellate Division of the Supreme Court of the State of New York · 1933
- Novak v. Equitable Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1931