Legal Opinion
Carey v. Standard Brands Inc.
New York Supreme Court
Decided April 9, 1959Published
1Opinion of the CourtDonald S. Taylor, J.
The plaintiff moves pursuant to rule 112 of the Rules of Civil Practice for judgment on the pleadings. The defendant cross-moves pursuant to rule 107-' of the. Rules of Civil Practice and section 279 of the Civil Practice Act to dismiss the complaint on the ground that the court lacks jurisdiction of the subject matter of the action or, in the alternative., for leave pursuant to section 105 of the Civil Practice Act to serve an amended answer.
The complaint prays for injunctive relief- to, restrain the defendant from distributing or selling in the State of New York a raspberry flavored…
2Cases cited6 opinions
- Savage v. JonesSupreme Court of the United States · 1912
- Sligh v. KirkwoodSupreme Court of the United States · 1915
- Stevenson v. News Syndicate Co.New York Court of Appeals · 1950
- Anderson v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1954
- Spencer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1952
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