Interstate Pulp & Paper Co. v. New York Tribune

Appellate Division of the Supreme Court of New York

Interstate Pulp & Paper Co. v. New York Tribune

207 A.D. 453, 202 N.Y.S. 232, 1923 N.Y. App. Div. LEXIS 5977

Appellate Division of the Supreme Court of the State of New York·Decided December 21, 1923·Published·Cited by 3 cases

Opinion

Per Curiam:

So much of the decision in Dwan v. Massarene (199 App. Div. 872) as holds that we will not review appeals from orders denying motions for summary judgment under rule 113 of the Rules of Civil Practice, we have expressly overruled in two cases (Lee v. Graubard, 205 App. Div. 344; Hongkong & Shanghai Banking Corp. v. Lazard-Godchaux Co., 207 id. 174).

This is not an action for a debt .or liquidated demand within the purview of rule 113, and for that reason the motion for summary judgment was properly denied. The motion for judgment on the pleadings under rule 112 of the Rules of Civil Practice was properly denied, as the pleadings raise issues of fact which should be tried in the usual manner, and not determined upon affidavits.

The order should, therefore, be affirmed, with ten dollars costs and disbursements.

Present — Clarke, P. J., Dowling, Smith, Merrell and McAvoy, JJ.

Order affirmed, with ten dollars costs and disbursements.

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

Per Curiam:

So much of the decision in Dwan v. Massarene (199 App. Div. 872) as holds that we will not review appeals from orders denying motions for summary judgment under rule 113 of the Rules of Civil Practice, we have expressly overruled in two cases (Lee v. Graubard, 205 App. Div. 344; Hongkong & Shanghai Banking Corp. v. Lazard-Godchaux Co., 207 id. 174).

This is not an action for a debt .or liquidated demand within the purview of rule 113, and for that reason the motion for summary judgment was properly denied. The motion for judgment on the pleadings under rule 112 of the Rules of Civil Practice was properly denied, as the pleadings raise issues of fact which should be tried in the usual manner, and not determined upon affidavits.

The order should, therefore, be affirmed, with ten dollars costs and disbursements.

Present — Clarke, P. J., Dowling, Smith, Merrell and McAvoy, JJ.

Order affirmed, with ten dollars costs and disbursements.

Interstate Pulp & Paper Co. v. New York Tribune, 207 A.D. 453, 202 N.Y.S. 232, 1923 N.Y. App. Div. LEXIS 5977 (N.Y. Ct. App. 1923).

Pincite

207 A.D. 453 (Interstate Pulp & Paper Co. v. New York Tribune) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related