Mitchell v. Dunmore Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Donald Mitchell, from a judgment of the Supreme Court in favor of the defendant, The Dunmore Realty Company, entered in the office of the clerk of the county of Mew' York on the 12th day of May, 1909; dismissing the complaint as to the said defendant, with notice of an intention to bring up for review an interlocutory judgment entered in said clerk’s office on the 12th day of May, 1909, and such part of the intermediate order, entered in said clerk’s…
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Appeal by the plaintiff, Donald Mitchell, from a judgment of the Supreme Court in favor of the defendant, The Dunmore Realty Company, entered in the office of the clerk of the county of Mew' York on the 12th day of May, 1909; dismissing the complaint as to the said defendant, with notice of an intention to bring up for review an interlocutory judgment entered in said clerk’s office on the 12th day of May, 1909, and such part of the intermediate order, entered in said clerk’s office on the 19th day of February, 1909, as dismissed the complaint on the pleadings.
1Opinion of the Court
Houghton, J.:
After answer the defendant moved, under the provisions of section 547 of the Code of Civil Procedure, for judgment on the.pleadings, and on the 19th day of February, 1909, an order was entered directing judgment dismissing the plaintiff’s complaint, and also permitting plaintiff upon payment of costs to serve an amended complaint. The plaintiff accepted the order with its permission to amend and did not appeal therefrom, but the defendant appealed to this court from that part of the order permitting the plaintiff to serve an amended complaint, and this court reversed the same.…
2Cases cited3 opinions
- Clark v. LevyAppellate Division of the Supreme Court of the State of New York · 1909
- Ryan v. TrainAppellate Division of the Supreme Court of the State of New York · 1904
- Mitchell v. Dunmore Realty Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by10 opinions
- Jackman v. HasbrouckAppellate Division of the Supreme Court of the State of New York · 1915
- Brown v. EpsteinAppellate Division of the Supreme Court of the State of New York · 1915
- Cunningham v. PlattNew York Supreme Court · 1913
- Drake v. HodgsonNew York Supreme Court · 1922
- Leary v. LearyAppellate Division of the Supreme Court of the State of New York · 1937
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