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Leffand v. Schwartz

180 Misc. 709, 42 N.Y.S.2d 255, 1943 N.Y. Misc. LEXIS 1976
CourtAppellate Terms of the Supreme Court of New York
DecidedMay 11, 1943
StatusPublished

This text of 180 Misc. 709 (Leffand v. Schwartz) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leffand v. Schwartz, 180 Misc. 709, 42 N.Y.S.2d 255, 1943 N.Y. Misc. LEXIS 1976 (N.Y. Ct. App. 1943).

Opinion

Per Curiam.

The determination of the court below on the motion to dismiss the complaint constituted the law of the case which should have been followed in the subsequent decision on the motion to strike out the defenses. It does not constitute the law of the case insofar as this court is concerned and does not preclude the court from considering the merits in reviewing the case. (Walker v. Gerli, 257 App. Div, 249.) The defenses are insufficient.

Order reversed, with ten dollars costs, and motion granted.

Hammer, Shieutaq and Hecht, JJ., concur.

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Related

Walker v. Gerli
257 A.D. 249 (Appellate Division of the Supreme Court of New York, 1939)

Cite This Page — Counsel Stack

Bluebook (online)
180 Misc. 709, 42 N.Y.S.2d 255, 1943 N.Y. Misc. LEXIS 1976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leffand-v-schwartz-nyappterm-1943.