Kelsey v. Distler
Appellate Terms of the Supreme Court of New York
Appeal from Special Term, Kings County. Action by Augustus D. Kelsey and others against Henry Distlei and William Van Inwegen, impleaded with Alfred Hodges. From an interlocutory judgment sustaining a demurrer to an amended complaint, plaintiffs appeal. Reversed, and demurrer overruled.
1Opinion of the CourtCarr, J.
This is an appeal from an interlocutory -judgment sustaining a demurrer to an amended complaint. The original complaint was likewise demurred to, and the demurrer sustained by the Special Term, whose decision was affirmed by this court on the opinion of the trial court. Kelsey v. Distler, 133 App. Div. 916, 117 N. Y. Supp. 1084. The question involved in this appeal is whether the complaint as amended states a cause of action against the defendants Distler and Van Inwegen, who again demur, the defendant Hodges having answered. The amended complaint is somewhat voluminous, ■but its salient…
2Cases cited1 opinion
- Kelsey v. DistlerAppellate Division of the Supreme Court of the State of New York · 1909