Legal Opinion
Strauss v. Kende Galleries, Inc.
New York Supreme Court
Decided December 19, 1952PublishedCited by 6 opinions
1Opinion of the CourtMatthew M. Levy, J.
This application by the plaintiff for partial summary judgment involves the contract which is the gravamen of the action as instituted and an agreement entered into during the pendency of the litigation, which post litem accord is not pleaded in the complaint but is nevertheless the basis of the motion. Does rule 113 of the Rules of Civil Practice (upon which rule 114 is grounded) permit or preclude the granting of the relief prayed for under such procedural circumstances ? Let me set forth the facts as they appear in the papers before me.
The plaintiff alleges in the complaint that he and the…
2Cases cited12 opinions
- Curry v. MacKenzieNew York Court of Appeals · 1925
- Harriss v. TamsNew York Court of Appeals · 1932
- McAnsh v. BlaunerAppellate Division of the Supreme Court of the State of New York · 1928
- Hallgarten v. WolkensteinAppellate Division of the Supreme Court of the State of New York · 1923
- Watson v. Consolidated Laundries Corp.Appellate Division of the Supreme Court of the State of New York · 1932
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3Cited by6 opinions
- Oxford Paper Co. v. S. M. Liquidation Co.New York Supreme Court · 1965
- Levins v. Troy Associates, Inc.New York Supreme Court · 1959
- Millea v. City of New YorkNew York Supreme Court · 1960
- Awad v. Universal Coconut Corp.New York Supreme Court · 1962
- Robert P. Sheldon, Inc. v. WeissNew York Supreme Court · 1962
1 more not listed; retrieve them via the Exa API.