Sultzbach v. . Sultzbach
New York Court of Appeals
Appeal from a judgment, entered March 20, 1924, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed an order of Special Term granting a motion by defendant for a dismissal.of the complaint.
1Opinion of the CourtCrane, J.
The defendant made a motion to dismiss the complaint for insufficiency. The order granting the motion was affirmed by the Appellate Division, first department, which granted leave to the plaintiff to serve a further amended complaint within twenty days. Not having taken advantage of this permission an order was entered by the Special Term upon an affidavit showing this fact dismissing the complaint followed by a final judgment of dismissal and directing the payment of costs and disbursements as taxed.
From this final judgment the plaintiff has appealed to this court without obtaining leave of…
2Cases cited1 opinion
- Redman v. . Verplex Art Co., Inc.New York Court of Appeals · 1924
3Cited by4 opinions
- Gambold v. MacLeanNew York Court of Appeals · 1930
- American Union Line, Inc. v. Oriental Navigation Corp.New York Court of Appeals · 1924
- McMaster v. GouldSupreme Court of the United States · 1928
- Hill v. GrossAppellate Division of the Supreme Court of the State of New York · 1929