Legal Opinion
Locke v. Pembroke
New York Court of Appeals
Decided May 31, 1939PublishedCited by 45 opinions
1Opinion of the Court
Crane, Ch. J.
This is an appeal by the plaintiff from an order of the Appellate Division, first department, which reversed an order of the Special Term denying the defendant’s motion to dismiss the amended complaint, and from the judgment entered on such reversal. The motion was made by the defendant before service of his answer under rules 106 and 107 of the Rules of Civil Practice. In reviewing the complaint, in the absence of any answer, we are bound to take the allegations as facts.
In the first place, article 2-A of the Civil Practice Act, entitled “ Actions against Public Policy,” has no…
2Cases cited6 opinions
- Wallace v. RappleyeIllinois Supreme Court · 1882
- Holtham v. City of DetroitMichigan Supreme Court · 1904
- Nelson v. PettersonIllinois Supreme Court · 1907
- Van Auken v. City of AdrianMichigan Supreme Court · 1904
- Oothout v. ThompsonNew York Supreme Court · 1822
1 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Nasaba Corp. v. Harfred Realty Corp.New York Court of Appeals · 1942
- Erbe v. Lincoln Rochester Trust Co.Appellate Division of the Supreme Court of the State of New York · 1961
- Cuglar v. Power AuthorityNew York Supreme Court · 1957
- Banker's Trust Co. v. SteenburnNew York Supreme Court · 1978
- Miller v. National City Bank of New YorkCourt of Appeals for the Second Circuit · 1948
40 more not listed; retrieve them via the Exa API.