905 West End Avenue Corp. v. Peers
This text of 118 Misc. 754 (905 West End Avenue Corp. v. Peers) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The motion was made for judgment on the pleadings, under rule 113 of the Rules of Civil Practice referring to “ An action to recover a debt or liquidated demand arising, 1. on a contract, express or implied, sealed or not sealed; or 2. on a judgment for a stated sum.” We are of the opinion that the rule is inapplicable to a summary proceeding. Moreover, if considered as a motion for judgment on the pleadings, the granting of the motion was unauthorized, because an issue was raised not only by statutory defense but also by the denial of personal demand of the rent by the landlord.
Final order reversed, with ten dollars costs to appellant, motion to strike out answer denied, with ten dollars costs, and case placed upon the general calendar.
All concur.
Order reversed.
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118 Misc. 754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/905-west-end-avenue-corp-v-peers-nyappterm-1922.