Tomko v. City Bank Farmers Trust Co.
District Court, E.D. New York
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
- Westchester Lighting Co. v. Westchester County Small Estates Corp.New York Court of Appeals · 1938
- Fox v. Western New York Motor Lines, Inc.New York Court of Appeals · 1931
- Nichols v. Clark, MacMullen & Riley, Inc.New York Court of Appeals · 1933
- Kirchner v. MullerNew York Court of Appeals · 1939
- Doyle v. Union Railway Co.New York Court of Appeals · 1938
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Niece v. Sears, Roebuck & Co.District Court, N.D. Oklahoma · 1968
- LE Talcott & Sons, Inc. v. Aurora CorporationDistrict Court, D. Delaware · 1959
- Kuhn v. Yellow Transit Freight Lines, Inc.District Court, E.D. Missouri · 1952
- Behar v. SavardDistrict Court, S.D. New York · 1958
- Tevington v. International Milling Co.District Court, W.D. New York · 1945
1 more not listed; retrieve them via the Exa API.