Legal Opinion
Fosmire v. . National Surety Company
New York Court of Appeals
Decided June 8, 1920PublishedCited by 4 opinions
Motions for amendment of remittitur, for leave to serve amended complaint and for a re-argument. (See 229 N. Y. 44.)
1Opinion of the Court
Per. Curiam.
The Special Term properly denied the plaintiff’s motion for judgment on the pleadings, but, in the absence of a counter-motion by the defendant, it erred in going farther and dismissing the complaint.
The remittitur should, therefore, be amended so as to provide that the order of the Appellate Division be reversed and that of the Special Term modified by striking out the direction for judgment of dismissal, and as modified affirmed, without costs to either party, and the question certified answered in the negative.
Except as aforesaid, the plaintiff’s motions for an amendment of the…
2Cited by4 opinions
- Bernard v. Chase National BankAppellate Division of the Supreme Court of the State of New York · 1931
- Herbert F. Darling, Inc. v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1979
- Lowenkron v. Berkeley Cooperative Towers Sec. 11 Corp.Appellate Division of the Supreme Court of the State of New York · 1966
- State v. VintherWashington Supreme Court · 1936