Hall v. Ontario Biscuit Co.

Appellate Division of the Supreme Court of New York

Hall v. Ontario Biscuit Co.

272 A.D.2d 1095

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

DecidedNovember 19, 1947

StatusPublished

This text of 272 A.D.2d 1095 (Hall v. Ontario Biscuit Co.) 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

Hall v. Ontario Biscuit Co., 272 A.D.2d 1095 (N.Y. Ct. App. 1947).

Pincite

Opinion

Appeal from an order of the Albany Special Term of Supreme Court dismissing the action. This action was commenced by the service of a summons only on the defendant. No pleadings have been served. Thereafter, and on the affidavit of one of its attorneys, the defendant appeared specially and moved to dismiss the action on the ground that the defendant named in the summons is not the correct defendant; that the correct defendant’s name is "The United Biscuit Co. of America”. Plaintiff filed an affidavit to the effect that the defendant named is the correct defendant. Whether the defendant named in the action is the correct defendant or not cannot be determined on a motion, it must await trial of the issues. Order reversed on the law and facts, with $10 costs and disbursements. Motion denied, with $10 costs. Hill, P. J., Heffernan, Foster and Deyo, JJ., concur; Russell, J., taking no part.

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Appeal from an order of the Albany Special Term of Supreme Court dismissing the action. This action was commenced by the service of a summons only on the defendant. No pleadings have been served. Thereafter, and on the affidavit of one of its attorneys, the defendant appeared specially and moved to dismiss the action on the ground that the defendant named in the summons is not the correct defendant; that the correct defendant’s name is "The United Biscuit Co. of America”. Plaintiff filed an affidavit to the effect that the defendant named is the correct defendant. Whether the defendant named in the action is the correct defendant or not cannot be determined on a motion, it must await trial of the issues. Order reversed on the law and facts, with $10 costs and disbursements. Motion denied, with $10 costs. Hill, P. J., Heffernan, Foster and Deyo, JJ., concur; Russell, J., taking no part.

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Bluebook (online)

272 A.D.2d 1095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-ontario-biscuit-co-nyappdiv-1947.