Rogers v. Fine
Appellate Terms of the Supreme Court of New York
"Appear by the plaintiff from a judgment dismissing the complaint rendered in the Municipal Court of the city of New York, Eleventh District, borough of Manhattan.
1Per curiam
Although the Municipal Court Act does not, in terms, provide for a dismissal of a written complaint, *634upon the ground that it does not state facts sufficient to constitute a cause of action, unless a written demurrer has been interposed, we think that the power to so dismiss must be deemed to be inherent in the court (Morris v. Hunken, 40 App. Div. 129), because it would be idle to permit the plaintiff to prove a state of facts which, when proven, could result only in a non-suit. When such a motion is granted, however, the plaintiff should be allowed to amend so as, if possible, to cure the…
2Cases cited1 opinion
- Morris v. HunkenAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by6 opinions
- Samelson v. MayerAppellate Division of the Supreme Court of the State of New York · 1910
- Carpenter v. PirnerAppellate Terms of the Supreme Court of New York · 1907
- Roberts v. SperoAppellate Terms of the Supreme Court of New York · 1909
- Samuelson v. MayerAppellate Terms of the Supreme Court of New York · 1909
- Lee v. Revolving Airship Tower Co.Appellate Division of the Supreme Court of the State of New York · 1908
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