Cohen v. Lieberman

Appellate Terms of the Supreme Court of New York

Cohen v. Lieberman

160 Misc. 310, 289 N.Y.S. 797, 1936 N.Y. Misc. LEXIS 1394

CourtAppellate Terms of the Supreme Court of New York

DecidedJuly 13, 1936

StatusPublished

This text of 160 Misc. 310 (Cohen v. Lieberman) 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.

Bluebook

Cohen v. Lieberman, 160 Misc. 310, 289 N.Y.S. 797, 1936 N.Y. Misc. LEXIS 1394 (N.Y. Ct. App. 1936).

Pincite

Opinion

Per Curiam.

Even assuming that the complaint here is sufficient, we must hold that the point was not specifically raised below. Whether or not this defendant assumed the care and support of the infant involved, or the plaintiff relied on any such assumption, presents a triable issue from the present record.

Judgment and order granting motion for summary judgment reversed, with ten dollars costs to appellant to abide the event, and motion denied.

Order denying appellant’s motion for judgment on the pleadings and for summary judgment affirmed.

All concur. Present — Levy, Hammer and Callahan, JJ.

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Per Curiam.

Even assuming that the complaint here is sufficient, we must hold that the point was not specifically raised below. Whether or not this defendant assumed the care and support of the infant involved, or the plaintiff relied on any such assumption, presents a triable issue from the present record.

Judgment and order granting motion for summary judgment reversed, with ten dollars costs to appellant to abide the event, and motion denied.

Order denying appellant’s motion for judgment on the pleadings and for summary judgment affirmed.

All concur. Present — Levy, Hammer and Callahan, JJ.

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Bluebook (online)

160 Misc. 310, 289 N.Y.S. 797, 1936 N.Y. Misc. LEXIS 1394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-lieberman-nyappterm-1936.