Parker v. . Simon
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 17, 1920, which reversed an order of Special Term denying a motion by plaintiff for judgment on the pleadings and sustaining a demurrer by defendant to the amended complaint and granted said motion.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 17, 1920, which reversed an order of Special Term denying a motion by plaintiff for judgment on the pleadings and sustaining a demurrer by defendant to the amended complaint and granted said motion. The following question was certified: “ Does the amended complaint herein state facts sufficient to constitute a cause of action? ” The plaintiff should not recover on the amended complaint herein because there is no connection between the defendant’s refusal to…
1Opinion of the Court
Hiscock, Ch. J.
This appeal involves the question whether plaintiff’s complaint states a cause of action. The Special Term held that it did not and sustained the defendant’s demurrer; the Appellate Division took the opposing view and held that the complaint did state a cause of action. Our conclusion is that the Special Term was correct and that a cause of action is not stated. Independent of allegations which are formal or immaterial and which need not be repeated, the complaint alleged in substance that the plaintiff and defendant entered into a written contract for the sale by the former…
2Cases cited1 opinion
- James v. Home of the Sons & Daughters of IsraelAppellate Terms of the Supreme Court of New York · 1915
3Cited by17 opinions
- Pease & Elliman, Inc. v. Gladwin Realty Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Allan Fox Co. v. WohlNew York Court of Appeals · 1931
- Grossman v. HermanNew York Court of Appeals · 1935
- McKnight v. McGuireAppellate Terms of the Supreme Court of New York · 1921
- Goff v. AdelsonAppellate Division of the Supreme Court of the State of New York · 1930
12 more not listed; retrieve them via the Exa API.