Block v. Ticker
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKelly, P. J.
The procedure in this case is most peculiar. The foreclosure action duly came on for trial, and at the opening of the trial the plaintiffs made a motion for judgment on the pleadings upon the ground that the facts alleged in the answer did not constitute a defense. The learned trial judge granted the motion. We get this information from the “ order ” appealed from. There are no minutes of the trial, no findings of fact or conclusions of law and no reason given for the decision made. Then an appeal is taken from this “ order ” made in the course of the trial, which is simply a ruling of the…
2Cases cited3 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Rush v. WagnerAppellate Division of the Supreme Court of the State of New York · 1918
- Krulder v. HillmanNew York Supreme Court · 1907
3Cited by2 opinions
- Adams v. ResseguieAppellate Division of the Supreme Court of the State of New York · 1982
- Fisk v. WarnerNew York Supreme Court · 1943