Spitz v. New York Taxicab Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an interlocutory j udgment of the Municipal Oourt of the city of New York, third district, borough of Manhattan, rendered in favor of the plaintiff.
1Opinion of the CourtMacLean, J.
TJpon November 2, 1908, the return day of a free summons, indorsed: “ Complaint Personal Injuries,” etc., the defendant interposed the written demurrer: “ The complaint does not state facts sufficient to constitute a cause *493of action.” This, on November thirtieth, the learned trial justice disallowed, with ten dollars costs, because, as he opined, “ Section 145, Sub-div. 2 of the Municipal Court Act allows demurrers only where there is a written complaint.” This was error.
That subdivision of section 145 does indeed provide that a demurrer to a written complaint must be in writing; but this is…
2Cited by2 opinions
- Samelson v. MayerAppellate Division of the Supreme Court of the State of New York · 1910
- Di Palma v. QuinnAppellate Terms of the Supreme Court of New York · 1918