Legal Opinion
Brazos v. Brumidge
Appellate Division of the Supreme Court of the State of New York
Decided November 25, 1958PublishedCited by 2 opinions
1Opinion of the CourtM. M. Frank, J.
The defendants appeal from a Special Term order which granted the plaintiff’s motion to strike the entire answer as sham, and directed the entry of judgment and an assessment of damages, pursuant to rule 104 of the Rules of Civil Practice.
The plaintiff commenced an action against the defendants in the Municipal Court of the City of New York. The complaint indorsed upon the summons reads: ‘‘ Action in negligence for property damage to plaintiff vehicle, a 1956 coupe, in the sum of $625.00 as a result of the negligence, carelessness of the defendant on the 27th day of December, 1956. No…
2Cases cited9 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- McClelland v. Climax Hosiery MillsNew York Court of Appeals · 1930
- Fleischer v. TerkerNew York Court of Appeals · 1932
- Gise v. Brooklyn Society for Prevention of Cruelty to ChildrenNew York Court of Appeals · 1933
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3Cited by2 opinions
- Healy v. United StatesDistrict Court, S.D. New York · 1961
- Halperin v. Van DamAppellate Division of the Supreme Court of the State of New York · 2026