Legal Opinion

Tomko v. City Bank Farmers Trust Co.

District Court, E.D. New York

Decided February 6, 1943No. 2473PublishedCited by 6 opinions

1Opinion of the Court

MOSCOWITZ, District Judge.

This is a motion made by the Peelle Company, , Inc., third party defendant, for an order striking out the cross-complaint of Deering, Milliken & Co., Inc., as against the third party defendant, the Peelle Company, Inc. The grounds of the motion are:

‘T. That the said cross complaint fails to state a claim against the Third Party Defendant, The Peelle Company, Inc. upon which relief can be granted.

“2. That the said cross complaint fails to state facts sufficient to constitute a cause of action against this defendant, The Peelle Company, Inc.
“3. That said alleged cause…

2Cases cited7 opinions

  1. Westchester Lighting Co. v. Westchester County Small Estates Corp.New York Court of Appeals · 1938
  2. Fox v. Western New York Motor Lines, Inc.New York Court of Appeals · 1931
  3. Nichols v. Clark, MacMullen & Riley, Inc.New York Court of Appeals · 1933
  4. Kirchner v. MullerNew York Court of Appeals · 1939
  5. Doyle v. Union Railway Co.New York Court of Appeals · 1938

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Niece v. Sears, Roebuck & Co.District Court, N.D. Oklahoma · 1968
  2. LE Talcott & Sons, Inc. v. Aurora CorporationDistrict Court, D. Delaware · 1959
  3. Kuhn v. Yellow Transit Freight Lines, Inc.District Court, E.D. Missouri · 1952
  4. Behar v. SavardDistrict Court, S.D. New York · 1958
  5. Tevington v. International Milling Co.District Court, W.D. New York · 1945

1 more not listed; retrieve them via the Exa API.

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