Bacharach v. American Union Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Appellate Term, First Department. Action by .Sam Bacharach against the American Union Realty. Company. From a determination of the Appellate Term, affirming an order of the City Court denying plaintiff’s motion for judgment on the pleadings, plaintiff appeals. Modified and affirmed.
1Per curiam
The notice of motion given by the plaintiff was for judgment on the pleadings. No motion was made by the defendant for judgment in his favor. We think the Special Term of the City Court correctly. denied the plaintiff’s motion for judgment on the pleadings; but, no motion having been made to sustain the demurrer, the order Should have been confined to a simple denial of the plaintiff’s motion, with $10 costs to the defendant. See Ventriniglia v. Eichner, 138 App. Div. 274, 122 N. Y. Supp. 966; Duff v. Queensbro Heights Land Corporation, 156 App. Div. 913, 141 N. Y. Supp. 1117. The…
2Cases cited3 opinions
- Ventriniglia v. EichnerAppellate Division of the Supreme Court of the State of New York · 1910
- Duff v. Queensbro Heights Land Corp.Appellate Division of the Supreme Court of the State of New York · 1913
- Duff v. Queensbro Heights Land Corp.Appellate Division of the Supreme Court of the State of New York · 1913
3Cited by1 opinion
- Lobsitz v. E. Lissberger Co.Appellate Division of the Supreme Court of the State of New York · 1915