Legal Opinion
Golden v. Gray
New York Supreme Court
Decided December 8, 1971PublishedCited by 1 opinion
1Opinion of the CourtJacob Ark, J.
This is a motion by the defendant to dismiss the eight causes of action alleged in the complaint on the ground that no cause of action is stated. The plaintiffs have moved for an order to compel the defendant to answer. The parties agreed upon an established principle of law, that on a motion to dismiss the complaint on the ground that no cause of action is stated, •the allegations in the complaint are assumed to be true (Denihan Enterprises v. O’Dwyer, 302 N. Y. 451, 458).
The plaintiffs are husband and wife, who commenced this action on behalf of themselves and their five unemancipated…
2Cases cited14 opinions
- Cullings v. GoetzNew York Court of Appeals · 1931
- Ruza v. RuzaAppellate Division of the Supreme Court of the State of New York · 1955
- Altz v. . LeibersonNew York Court of Appeals · 1922
- Denihan Enterprises, Inc. v. O'DwyerNew York Court of Appeals · 1951
- Appel v. MullerNew York Court of Appeals · 1933
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3Cited by1 opinion
- Metropolitan Life Insurance v. Rochester Area Council of Churches Development, Inc.New York Supreme Court · 1973