Home/Appellate Division of the Supreme Court of New York/Capek v. Demetrowitz

Capek v. Demetrowitz

253 A.D. 917, 2 N.Y.S.2d 643, 1938 N.Y. App. Div. LEXIS 9257
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 28, 1938
StatusPublished
Cited by2 cases

This text of 253 A.D. 917 (Capek v. Demetrowitz) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Capek v. Demetrowitz, 253 A.D. 917, 2 N.Y.S.2d 643, 1938 N.Y. App. Div. LEXIS 9257 (N.Y. Ct. App. 1938).

Opinion

Order denying plaintiff’s motion for judgment on the pleadings pursuant to rule 112 of the Rules of Civil Practice reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The form of the denials is fatally defective. (Civ. Prac. Act, § 261; D. & G. Girl Coat Co., Inc., v. Kafka, 218 App. Div. 607; affd., without opinion, 245 N. Y. 646.) In our opinion the plaintiff was also entitled to summary judgment under rule 113 of the Rules of Civil Practice. Therefore, no leave to amend the answer is granted. Lazansky, P. J., Hagarty, Davis, Johnston and Close, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Burr v. Carvel Dari-Freeze Stores, Inc.
21 Misc. 2d 877 (New York Supreme Court, 1959)
City Bank Farmers Trust Co. v. B. W. Construction Corp.
19 Misc. 2d 593 (New York Supreme Court, 1941)

Cite This Page — Counsel Stack

Bluebook (online)
253 A.D. 917, 2 N.Y.S.2d 643, 1938 N.Y. App. Div. LEXIS 9257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capek-v-demetrowitz-nyappdiv-1938.