Hoey v. Kilduff
Appellate Terms of the Supreme Court of New York
• Appeal by the defendant from an order of the Special Term of the City Court of the city of Ebw York denying her motion for judgment on the pleadings dismissing the complaint on the ground that it does not state facts sufficient to constitute "a cause of action.
1Opinion of the CourtGiegerich, J.
The defendant moved, under section 547 of the Code of Civil Procedure, for judgment on the pleadings dismissing the complaint upon the ground that it failed to state facts sufficient to constitute a cause of action, which was denied.
The right of the defendant to make such a motion is challenged by the plaintiff, who has cited the recent decision made at Special Term in this department in Ship v. Friedenberg, 65 Mise. Rep. 308, where it was held that the statute was not intended to embrace a case of the dismissal of the complaint for insufficiency.
Previously, in October, 1908, in Mitchell v.…
2Cases cited6 opinions
- Taylor v. Security Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1902
- Switzer v. Commissioners for Loaning Certain Moneys of United StatesAppellate Division of the Supreme Court of the State of New York · 1909
- Jones v. GouldAppellate Division of the Supreme Court of the State of New York · 1909
- Arrow Steamship Co. v. BennettNew York Supreme Court · 1893
- Mitchell v. Dunmore Realty Co.New York Supreme Court · 1908
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3Cited by2 opinions
- Kaufman v. HopperAppellate Division of the Supreme Court of the State of New York · 1912
- Wood v. MillerAppellate Terms of the Supreme Court of New York · 1912