Culbertson v. Kem Playing Cards, Inc.

Appellate Division of the Supreme Court of New York

Culbertson v. Kem Playing Cards, Inc.

259 A.D. 858, 19 N.Y.S.2d 665

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

DecidedMay 3, 1940

StatusPublished

This text of 259 A.D. 858 (Culbertson v. Kem Playing Cards, Inc.) 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

Culbertson v. Kem Playing Cards, Inc., 259 A.D. 858, 19 N.Y.S.2d 665 (N.Y. Ct. App. 1940).

Pincite

Opinion

Per Curiam:

The sufficiency of the seventh defense will depend upon the finding of fact as to whether the defendant Kem Card Sales Corporation is a subsidiary corporation or assignee of the defendant Kem Playing Cards, Inc. If it is found to be either a subsidiary or assignee, this partial defense is insufficient. H on the other hand it is determined that the sales corporation is a true licensee and that its corporate entity may not be pierced, the partial defense will be good.

The order, so far as appealed from, should be affirmed, without costs, with leave to the defendants to replead to the amended complaint within ten days after service of order with notice of entry thereof.

Present — Martin, P. J., O’Malley, Dore, Cohn and Callahan, JJ.

Order, so far as appealed from, unanimously affirmed, without costs, with leave to the defendants to replead to the amended complaint within ten days after service of order.

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

Per Curiam:

The sufficiency of the seventh defense will depend upon the finding of fact as to whether the defendant Kem Card Sales Corporation is a subsidiary corporation or assignee of the defendant Kem Playing Cards, Inc. If it is found to be either a subsidiary or assignee, this partial defense is insufficient. H on the other hand it is determined that the sales corporation is a true licensee and that its corporate entity may not be pierced, the partial defense will be good.

The order, so far as appealed from, should be affirmed, without costs, with leave to the defendants to replead to the amended complaint within ten days after service of order with notice of entry thereof.

Present — Martin, P. J., O’Malley, Dore, Cohn and Callahan, JJ.

Order, so far as appealed from, unanimously affirmed, without costs, with leave to the defendants to replead to the amended complaint within ten days after service of order.

Cite This Page — Counsel Stack

Bluebook (online)

259 A.D. 858, 19 N.Y.S.2d 665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/culbertson-v-kem-playing-cards-inc-nyappdiv-1940.