Curry v. Fox
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fifth, District. Action by Edmond J. Curry against Charles L- Eox. From a judgment for plaintiff on the pleadings, defendant appeals.
1Opinion of the CourtSeabury, J.
This action is brought to recover for rent alleged to be due and payable on October 1, 1911; The answer pleads as a defense and as a counterclaim facts which, if true, constitute an actual partial eviction. • : •
At the opening of the trial the plaintiff moved for judgment on- the pleadings. No motion to amend the pleadings was made by the defendant, and the court granted the motion for judgment oh the .pleadings. The motion for judgment was made under section. 547 of the Code of Civil Procedure. Apart from the question as to whether or not such a motion could properly be made in' the…
2Cases cited8 opinions
- The Mayor, C., of New-York v. . MabieNew York Court of Appeals · 1855
- Gugel v. IsaacsAppellate Division of the Supreme Court of the State of New York · 1897
- O'Gorman v. HarbyAppellate Terms of the Supreme Court of New York · 1896
- Maune v. Unity PressAppellate Division of the Supreme Court of the State of New York · 1910
- Stein v. RiceAppellate Terms of the Supreme Court of New York · 1898
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