Legal Opinion
Mattingly v. News Syndicate Co.
New York Supreme Court
Decided April 30, 1948PublishedCited by 4 opinions
1Opinion of the CourtMiller, J.
This is a motion to dismiss various defenses as insufficient, to strike out various paragraphs of the answer as sham, irrelevant, unnecessary, prejudicial, etc., and to have certain portions of the answer made more definite and certain. A motion addressed to the sufficiency of defenses searches the record and presents for determination the sufficiency of the complaint itself. If, upon such a motion, it shall appear that *611the complaint fails to state a good cause of action, it may be dismissed even in the absence of a cross motion (see Buies Civ. Prae., rule 109, subd. 6).
The action is one for…
2Cases cited6 opinions
- Kimmerle v. New York Evening Journal, Inc.New York Court of Appeals · 1933
- Balabanoff v. Hearst Consolidated Publications, Inc.New York Court of Appeals · 1945
- First National Bank v. WintersNew York Court of Appeals · 1918
- Kloor v. New York Herald Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Shubert v. Variety, Inc.New York Supreme Court · 1926
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3Cited by4 opinions
- Pitts v. McGoldrickNew York Supreme Court · 1951
- Federal Pacific Electric Co. v. McAdamsCity of New York Municipal Court · 1955
- Scherman v. Empire Mutual InsuranceCity of New York Municipal Court · 1957
- Mattingly v. News Syndicate Co.Appellate Division of the Supreme Court of the State of New York · 1950