Mulkins v. Snow
New York Supreme Court
Motion by defendants for judgment on the pleadings under section 547 of the Code of Civil Procedure.
1Opinion of the CourtCole, J.
Issue has been joined by the service of an amended complaint and answer thereto, and the defendant moves for judgment on the pleadings under section 547 of the Code of Civil Procedure. This motion admits every material allegation of the complaint. McCarthy v. Fitzgerald, 139 N. Y. Supp. 950.
If the plaintiff is entitled to relief under any allegations of the complaint, the motion must be denied Emanuel v. Walter, 138 App. Div. 818-819.
By moving for judgment the defendant admits every material fact alleged in the complaint, and if the plaintiff is entitled to any relief, either legal or…
2Cases cited15 opinions
- Harris v. . WhiteNew York Court of Appeals · 1880
- Clark v. LevyAppellate Division of the Supreme Court of the State of New York · 1909
- Jimeson v. PierceAppellate Division of the Supreme Court of the State of New York · 1902
- Johnson v. . Long Island R.R. Co.New York Court of Appeals · 1900
- Schleissner v. GoldstickerAppellate Division of the Supreme Court of the State of New York · 1909
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3Cited by1 opinion
- States v. Seneca Nation of New York IndiansDistrict Court, W.D. New York · 1921