Fischer v. Bank of Manhattan Co.

Appellate Division of the Supreme Court of New York

Fischer v. Bank of Manhattan Co.

247 A.D. 708

Appellate Division of the Supreme Court of the State of New York·Decided February 15, 1936·Published

Opinion

The amended complaint states a cause of action. The exhibits attached to the amended complaint are not so conclusive as to be determinative of the claims made by defendant. The facts with respect to the relationship of the parties should be developed at a trial. Order denying defendant’s motion for judgment on the pleadings dismissing the amended complaint for insufficiency unanimously affirmed, with twenty dollars costs and disbursements. Present — Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ.

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The amended complaint states a cause of action. The exhibits attached to the amended complaint are not so conclusive as to be determinative of the claims made by defendant. The facts with respect to the relationship of the parties should be developed at a trial. Order denying defendant’s motion for judgment on the pleadings dismissing the amended complaint for insufficiency unanimously affirmed, with twenty dollars costs and disbursements. Present — Martin, P. J., McAvoy, O’Malley, Townley and Glennon, JJ.

Fischer v. Bank of Manhattan Co., 247 A.D. 708 (N.Y. Ct. App. 1936).

Pincite

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