Legal Opinion
Cole v. Levy
Appellate Division of the Supreme Court of the State of New York
Decided March 4, 1925PublishedCited by 7 opinions
1Opinion of the Court
Hinman, J.:
It is necessary to consider only the motions to dismiss the amended complaint on the ground that it does not set forth a cause of action, since we have concluded that these motions should have been granted upon that ground, and, therefore, that the injunction order should have fallen with the complaint. On a motion for judgment dismissing the complaint upon the ground of failure to state a cause of action, the defect must appear on the face of the complaint and there is no authority for the use of affidavits. (Emanuel v. Walter, 138 App. Div. 818; Reade v. Halpin, 193 id. 566.) On…
2Cases cited4 opinions
- Greeff v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1899
- Frank v. MandelAppellate Division of the Supreme Court of the State of New York · 1902
- Emanuel v. WalterAppellate Division of the Supreme Court of the State of New York · 1910
- Velsor v. FreemanNew York Supreme Court · 1922
3Cited by7 opinions
- Red Robin Stores, Inc. v. RoseAppellate Division of the Supreme Court of the State of New York · 1948
- Graffenburg Dairy, Inc. v. Du MondAppellate Division of the Supreme Court of the State of New York · 1951
- Fieger v. Glen Oaks Village, Inc.New York Supreme Court · 1954
- In re the Accounting of PalumboNew York Surrogate's Court · 1953
- Cole v. LevyAppellate Division of the Supreme Court of the State of New York · 1925
2 more not listed; retrieve them via the Exa API.