Pape v. Pratt Institute
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Adolph Pape, from an interlocutory judgment of the Supreme Oonrt in favor of the defendant, entered in the office of the clerk of the county of Kings on the 20th day of February, 1908, upon the decision of the court, rendered after a trial at the Kings. County Special Term, sustaining the demurrer interposed by the defendant upon the ground that the complaint failed to state facts sufficient to constitute a cause of action.
1Opinion of the Court
Woodward, J.:
The plaintiff alleges for a cause of action that the defendant is a domestic corporation; that the plaintiff is and since May 1, 1906, has been the owner and occupant of the dwelling house known as No. 229 Eyerson street, borough of Brooklyn, city of New York; that the defendant is and since May, 1906, has been maintaining, bowling alleys in the premises known as Nos. 208 and 210 Grand avenue, borough of Brooklyn, city of New York; that the bowling is being and since May, 1906, has been done in said bowling alleys with the permission of the defendant; that the bowling is and…
2Cases cited4 opinions
- Kain v. . LarkinNew York Court of Appeals · 1894
- Black v. VanderbiltAppellate Division of the Supreme Court of the State of New York · 1902
- Cody v. First National BankAppellate Division of the Supreme Court of the State of New York · 1901
- Friedman v. Columbia Machine Works & Malleable Iron Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by3 opinions
- Magel v. Gruetli Benevolent SocietyMissouri Court of Appeals · 1920
- Sisson v. BassettAppellate Division of the Supreme Court of the State of New York · 1909
- Canfield v. QuayleNew York Supreme Court · 1939