Schleissner v. Goldsticker
Appellate Division of the Supreme Court of the State of New York
Appeal, bv the defendants, Louis Goldstieker and another, from an order óf the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 26th day of Movember, 1909, denying the said defendants’ motion to dismiss the complaint as to them.
1Opinion of the Court
Houghton, J.:
After the defendants had interposed an answer to the plaintiffs complaint they moved for judgment in their behalf under section 547 of the Code of Civil Procedure. The learned Special Term denied the motion on the ground that on a motion under .the provisions of that section of the Code the insufficiency of the complaint coiild not be tested. As the provisions of that section have been interpreted by this court such view is erroneous.- By our decisions we. have said that section 547 of the Code permitted, in effect, a trial of the action upon the pleadings, and that op a motion…
2Cases cited4 opinions
- Darrow v. . CalkinsNew York Court of Appeals · 1897
- Clark v. LevyAppellate Division of the Supreme Court of the State of New York · 1909
- Buckley v. . DoigNew York Court of Appeals · 1907
- Jones v. GouldAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by13 opinions
- Dennin v. PowersNew York Supreme Court · 1916
- Guggenheim v. GuggenheimNew York Supreme Court · 1916
- United Building Material Co. v. OdellNew York Supreme Court · 1910
- Longenecker v. Longenecker Bros.New York Supreme Court · 1913
- Realty Associates v. HoageAppellate Division of the Supreme Court of the State of New York · 1910
8 more not listed; retrieve them via the Exa API.