Cohen v. Silberstein

Appellate Division of the Supreme Court of New York

Cohen v. Silberstein

232 A.D. 695

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 15, 1931

StatusPublished

This text of 232 A.D. 695 (Cohen v. Silberstein) 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

Cohen v. Silberstein, 232 A.D. 695 (N.Y. Ct. App. 1931).

Pincite

Opinion

Order denying defendant’s motion to strike cause from calendar reversed upon the law [696]*696and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. In the absence of the pleadings, from which we could determine whether or not the answer was sham, it must be assumed that the amended answer destroyed the original issue. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.

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Order denying defendant’s motion to strike cause from calendar reversed upon the law [696]*696and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. In the absence of the pleadings, from which we could determine whether or not the answer was sham, it must be assumed that the amended answer destroyed the original issue. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.

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Bluebook (online)

232 A.D. 695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-silberstein-nyappdiv-1931.