Legal Opinion

Andrews v. 98 Montague, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 28, 1953PublishedCited by 10 opinions

1Opinion of the Court

Appeal by defendants Alpert and Sherman from a resettled order which denied their motion to dismiss the complaint under rules 102 and 103, subdivision 4 of rule 106, and subdivisions 5 and 8 of rule 107 of the Rules of Civil Practice. Appeal by defendant, 98 Montague, Inc., from an order denying its motion to dismiss the complaint and the two causes of action contained therein for failure to state facts sufficient to constitute a cause of action, or in the alternative to strike out paragraphs and portions of paragraphs thereof. On appeal by defendants Alpert and Sherman, resettled order…

2Cases cited8 opinions

  1. Advance Music Corp. v. American Tobacco Co.New York Court of Appeals · 1946
  2. Halstead v. General Railway Signal Co.Appellate Division of the Supreme Court of the State of New York · 1945
  3. Fusco v. BrooksAppellate Division of the Supreme Court of the State of New York · 1941
  4. Schauder v. WeissAppellate Division of the Supreme Court of the State of New York · 1948
  5. Andrews v. LebisAppellate Division of the Supreme Court of the State of New York · 1952

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3Cited by10 opinions

  1. Anchor Motor Freight N. Y. Corp. v. Local Union No. 445 of International Brotherhood of Teamsters of AmericaNew York Supreme Court · 1958
  2. Jones v. John A. Johnson & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
  3. Riley v. Capital Airlines, Inc.New York Supreme Court · 1960
  4. Oshins v. ZimmermanAppellate Division of the Supreme Court of the State of New York · 1954
  5. Adamo v. P. G. Motor Freight, Inc.Appellate Division of the Supreme Court of the State of New York · 1957

5 more not listed; retrieve them via the Exa API.

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