Gise v. Brooklyn Society for Prevention of Cruelty To Children

Appellate Division of the Supreme Court of New York

Gise v. Brooklyn Society for Prevention of Cruelty To Children

236 A.D. 800

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

DecidedOctober 15, 1932

StatusPublished

This text of 236 A.D. 800 (Gise v. Brooklyn Society for Prevention of Cruelty To Children) 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

Gise v. Brooklyn Society for Prevention of Cruelty To Children, 236 A.D. 800 (N.Y. Ct. App. 1932).

Pincite

Opinion

Order denying motion to treat answer as a nullity reversed on the law and the facts, without costs, and motion granted to the extent of striking out all of the answer except the denial of the amount of plaintiff’s damages. The second cause of action contained in plaintiff’s complaint is dismissed. In our opinion the second cause of action is insufficient because we think that plaintiff’s detention was under a valid process of the Children’s Court. That court has jurisdiction to commit as a material witness a child under the age of sixteen years, even though such child is not delinquent, neglected, etc. The denials and defenses contained in the answer are insufficient in law as to the first cause of action, and should be struck out except as to the issue of damages, which must be tried. Order denying plaintiff’s motion for resettlement affirmed, without costs. Lazansky, P. J., Young, Kapper, Carswell and Tompkins, JJ., concur. [See post, p. 852.]

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Order denying motion to treat answer as a nullity reversed on the law and the facts, without costs, and motion granted to the extent of striking out all of the answer except the denial of the amount of plaintiff’s damages. The second cause of action contained in plaintiff’s complaint is dismissed. In our opinion the second cause of action is insufficient because we think that plaintiff’s detention was under a valid process of the Children’s Court. That court has jurisdiction to commit as a material witness a child under the age of sixteen years, even though such child is not delinquent, neglected, etc. The denials and defenses contained in the answer are insufficient in law as to the first cause of action, and should be struck out except as to the issue of damages, which must be tried. Order denying plaintiff’s motion for resettlement affirmed, without costs. Lazansky, P. J., Young, Kapper, Carswell and Tompkins, JJ., concur. [See post, p. 852.]

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Bluebook (online)

236 A.D. 800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gise-v-brooklyn-society-for-prevention-of-cruelty-to-children-nyappdiv-1932.