Legal Opinion
Wallach v. Bacharach
New York Supreme Court
Decided May 27, 1948PublishedCited by 16 opinions
1Opinion of the CourtSohreiber, J.
The motion for summary judgment, dismissing the complaint, is granted.
The objections raised in the affidavit in opposition (but not referred to in the brief) that summary judgment, pursuant to rule 113 of the Rules of Civil Practice, does not lie in this type of action is without merit (Grossman v. Frederick Bros. Artists Corp., 34 N. Y. S. 2d 785). The disposition of the motion for judgment on the pleadings is not controlling, for that motion was decided on the pleadings alone.
The action arises out of an advertisement, of a form perhaps increasingly frequent, in which there appears, in space…
2Cases cited3 opinions
- Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902
- Damron v. Doubleday, Doran & Co.New York Supreme Court · 1928
- Damron v. Doubleday, Doran Book Shops, Inc.Appellate Division of the Supreme Court of the State of New York · 1929
3Cited by16 opinions
- Flores v. Mosler Safe Co.New York Court of Appeals · 1959
- Gautier v. Pro-Football, Inc.Appellate Division of the Supreme Court of the State of New York · 1951
- Booth v. Curtis Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1962
- Milner v. Red River Valley Pub. Co.Court of Appeals of Texas · 1952
- Namath v. Sports IllustratedNew York Supreme Court · 1975
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