Legal Opinion
Brick v. Cohn-Hall-Marx Co.
New York Court of Appeals
Decided May 28, 1940PublishedCited by 14 opinions
1Opinion of the CourtFinch, J.
This is an appeal by leave of the Appellate Division certifying that a question of law is involved which should be reviewed by this court.
Defendants move to dismiss the complaint upon three grounds, (1) under rule 106, that upon its face it fails to state a cause of action, (2) under rule 107, that a prior adjudication had determined the same cause of action between the parties, and (3) that under section 476 of the Civil Practice Act, prior admissions by plaintiffs barred this action.
To paraphrase, in brief, the complaint in the first action (Brick v. Cohn-Hall-Marx Co., 276 N. Y. 259): it…
2Cases cited16 opinions
- Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1937
- Heyman Cohen & Sons, Inc. v. M. Lurie Woolen Co.New York Court of Appeals · 1921
- Stowell v. . ChamberlainNew York Court of Appeals · 1875
- Brooklyn Public Library v. City of New YorkNew York Court of Appeals · 1929
- Richard v. American Union BankNew York Court of Appeals · 1930
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Mink v. KeimNew York Court of Appeals · 1943
- Linton v. Perry Knitting Co.New York Court of Appeals · 1945
- Miller v. National City Bank of New YorkCourt of Appeals for the Second Circuit · 1948
- Gildenhorn v. Columbia Real Estate Title InsuranceCourt of Appeals of Maryland · 1974
- McNulty v. Medical Service of District of Columbia, Inc.District of Columbia Court of Appeals · 1962
9 more not listed; retrieve them via the Exa API.