Legal Opinion
Savage v. Mathieson Alkali Works Inc.
New York Supreme Court
Decided September 24, 1940PublishedCited by 7 opinions
1Opinion of the CourtLytle, J.
This is a motion by the defendant to dismiss the plaintiff’s second amended complaint for failure to state facts sufficient to constitute a cause of action. Said complaint purports to set forth a cause of action sounding in breach of statute, and a second, separately stated, in nuisance.
The motion is addressed to the complaint as a whole. For reasons hereinafter assigned, the second cause of action should be permitted to stand; the first must fall. Therefore, a question is presented as to whether the court has the power upon this application to deal with the two alleged causes of action…
2Cases cited6 opinions
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Dyer v. Broadway Central BankNew York Court of Appeals · 1930
- People Ex Rel. Johnson v. Board of SupervisorsNew York Court of Appeals · 1871
- Thompson v. . the Erie Railroad CompanyNew York Court of Appeals · 1871
- Eidlitz v. Fischbach & Moore, Inc.Appellate Division of the Supreme Court of the State of New York · 1933
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kellogg v. Commodore Hotel, Inc.New York Supreme Court · 1946
- Gasperino v. Larsen Ford, Inc.District Court, S.D. New York · 1969
- Kriger v. Industrial Rehabilitation Corp.Appellate Division of the Supreme Court of the State of New York · 1959
- Island Small Business Investment Corp. v. Primrose Homes Corp.New York Supreme Court · 1962
- Lipsman v. WarrenAppellate Division of the Supreme Court of the State of New York · 1960
2 more not listed; retrieve them via the Exa API.