Legal Opinion
Waters v. Spalt
New York Supreme Court
Decided March 23, 1948PublishedCited by 3 opinions
1Opinion of the CourtSamuel Null, J.
This is a motion to dismiss the complaint in an action brought by a judgment creditor of a corporation against the defendaxxts, its directors and officers. Although the defendants Epworth and Epworth have in their notice of motion specified numerous grounds for the dismissal of the complaint, they have limited themselves in their brief to two specifications, viz.: that the complaint does not state facts sufficient to state a *938cause of action and that another action, brought by the trustee in bankruptcy, is pending for the same relief.
The first cause of action is founded upon section 59 of the…
2Cases cited9 opinions
- Dykman v. KeeneyAppellate Division of the Supreme Court of the State of New York · 1896
- Dykman v. . KeeneyNew York Court of Appeals · 1899
- Shaw v. Ansaldi Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Dykman v. KeeneyAppellate Division of the Supreme Court of the State of New York · 1897
- Klages v. CohenCourt of Appeals for the Second Circuit · 1945
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Eskimo Pie Corporation v. Whitelawn Dairies, Inc.District Court, S.D. New York · 1967
- American Broadcasting-Paramount Theatres, Inc. v. FryeNew York Court of Appeals · 1960
- Wyle v. GouldNew York Supreme Court · 1951