Legal Opinion
Mendez v. Goroff
New York Supreme Court
Decided June 21, 1960PublishedCited by 5 opinions
1Opinion of the CourtMiles F. McDonald, J.
Motion for an order pursuant to rule 112 of the Buies of Civil Practice for judgment on the pleadings in favor of defendant and dismissing the plaintiffs’ amended complaint on the grounds that said complaint does not state facts sufficient to constitute a cause of action, granted.
As the complaint now under attack is an amended complaint it must'be considered de novo and the previous determination with respect to the plaintiff’s status does not constitute the law of the case, it being “well established that when an amended pleading is served, it takes the place of the original pleading and the…
2Cases cited19 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- Runkel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1953
- Collentine v. City of New YorkNew York Court of Appeals · 1938
- Vaughan v. . Transit Development Co.New York Court of Appeals · 1917
14 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Beauchamp v. New York City Housing AuthorityNew York Court of Appeals · 1963
- Cherry v. KochNew York Supreme Court · 1985
- Martinez v. Kaufman-Kane Realty Co.New York Supreme Court · 1973
- Shelley v. ShelleyNew York Supreme Court · 1999
- Beauchamp v. New York City Housing AuthorityNew York Court of Appeals · 1963