Legal Opinion
Kane v. Walsh
New York Court of Appeals
Decided March 7, 1946PublishedCited by 89 opinions
1Opinion of the CourtLewis, J.
Our inquiry goes to the legal sufficiency of the complaint in this action. The plaintiffs present for review a judgment entered upon an order of the Appellate Division which unanimously affirmed a judgment of Special Term dismissing the complaint upon defendant’s motion under rule 106 of the Buies of Civil Practice.
In those circumstances we treat as admitted by the defendant the allegations of fact found in the complaint. (Nevins, Inc., v. Kasmach, 279 N. Y. 323, 324-325.) From those allegations it appears that the plaintiffs are members of the Fire Department of the City of New York and are…
2Cases cited14 opinions
- New York Ex Rel. Lieberman v. Van De CarrSupreme Court of the United States · 1905
- Woollard v. Schaffer Stores Co.New York Court of Appeals · 1936
- Matter of Stracquadanio v. Dept. of HealthNew York Court of Appeals · 1941
- Thomas v. Musical Mutual Protective UnionNew York Court of Appeals · 1890
- People Ex Rel. Lieberman v. . VandecarrNew York Court of Appeals · 1903
9 more not listed; retrieve them via the Exa API.
3Cited by89 opinions
- Gaynor v. RockefellerNew York Court of Appeals · 1965
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- Staver Co. v. SkrobischAppellate Division of the Supreme Court of the State of New York · 1988
- Nassau Roofing & Sheet Metal Co. v. Facilities Development Corp.Appellate Division of the Supreme Court of the State of New York · 1979
- Meccariello v. MeccarielloAppellate Division of the Supreme Court of the State of New York · 2007
84 more not listed; retrieve them via the Exa API.