Wygod v. Makewell Hats, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtUntermyer, J.
The appeal is from two orders, the first of which dismisses the complaint as insufficient in law, with leave to serve an amended complaint. The second order dismisses the first cause of action contained in the amended complaint, absolutely, pursuant to rule 112 of the Rules of Civil Practice, on the ground that it fails to allege facts sufficient to constitute a cause of action. The original complaint having been superseded by the amended complaint, the appeal from the earlier order should be dismissed.
The first cause of action set forth in the amended complaint is based on an oral extension…
2Cases cited7 opinions
- Clark v. DodgeNew York Court of Appeals · 1936
- Central New York Telephone & Telegraph Co. v. AverillNew York Court of Appeals · 1910
- Saratoga State Waters Corp. v. . PrattNew York Court of Appeals · 1920
- Deutsch v. Textile Waste Merchandising Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Prokop v. Bedford Waist & Dress Co.Appellate Division of the Supreme Court of the State of New York · 1919
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3Cited by6 opinions
- Ripley v. StorerNew York Court of Appeals · 1956
- Ringling Bros.-Barnum & Bailey Combined Shows Inc. v. RinglingCourt of Chancery of Delaware · 1947
- Ringling v. Ringling Bros.—Barnum & Bailey Combined Shows, Inc.Court of Chancery of Delaware · 1946
- In re the Estate of BlockNew York Surrogate's Court · 1946
- Storer v. RipleyNew York Supreme Court · 1953
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