Reiss v. Levy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants from an order of the Special Term, entered in the office of the clerk of the county of Kings on the 2d day of December, 1915, denying their motion for judgment on the pleadings.
1Per curiam
The appeal is from an order denying defendants’ motion for judgment on the pleadings. The pleadings are a complaint and an answer. The sufficiency of the complaint is to be tested. The pleading contains sixty-one paragraphs. We do not deem it necessary to reproduce them. We conclude a cause of action is not stated. No equitable relief is demanded. Money damages are sought. Essential allegations and a *939necessary party (the corporation) for a derivative action by a stockholder are missing. There are many statements of misrepresentations. We can find none of fact. The representations are either…
2Cases cited2 opinions
- Lorillard v. . ClydeNew York Court of Appeals · 1881
- Stokes v. . Continental Trust Co.New York Court of Appeals · 1906
3Cited by6 opinions
- Lefferts v. LeffertsAppellate Division of the Supreme Court of the State of New York · 1935
- Benintendi v. Kenton Hotel, Inc.New York Supreme Court · 1943
- Simms v. SimmsNew York Supreme Court · 1961
- Magalnick v. Empire State Mutual Life InsuranceAppellate Terms of the Supreme Court of New York · 1958
- DeFranco v. SheddenAppellate Division of the Supreme Court of the State of New York · 1937
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