Merchants Fire Assurance Corp.v. Skillin

Appellate Division of the Supreme Court of New York

Merchants Fire Assurance Corp.v. Skillin

261 A.D. 948, 27 N.Y.S.2d 478, 1941 N.Y. App. Div. LEXIS 8245

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

DecidedMarch 21, 1941

StatusPublished

This text of 261 A.D. 948 (Merchants Fire Assurance Corp.v. Skillin) 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

Merchants Fire Assurance Corp.v. Skillin, 261 A.D. 948, 27 N.Y.S.2d 478, 1941 N.Y. App. Div. LEXIS 8245 (N.Y. Ct. App. 1941).

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Opinion

The original complaint was not made part of the motion papers and is not part of the record before us. The motion to dismiss was addressed solely to the supplemental complaint which does not attempt to state a complete cause of action. Plaintiff’s right to relief under section 1083-a of the Civil Practice Act may not be reviewed at this time. Order unanimously affirmed, with twenty dollars costs and disbursements, with leave to the defendant to answer within twenty days after service of a copy of order with notice of entry, on payment of said costs. Present — Martin, P. J., O’Malley, Townley, Untermyer and Dore, JJ.

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The original complaint was not made part of the motion papers and is not part of the record before us. The motion to dismiss was addressed solely to the supplemental complaint which does not attempt to state a complete cause of action. Plaintiff’s right to relief under section 1083-a of the Civil Practice Act may not be reviewed at this time. Order unanimously affirmed, with twenty dollars costs and disbursements, with leave to the defendant to answer within twenty days after service of a copy of order with notice of entry, on payment of said costs. Present — Martin, P. J., O’Malley, Townley, Untermyer and Dore, JJ.

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Bluebook (online)

261 A.D. 948, 27 N.Y.S.2d 478, 1941 N.Y. App. Div. LEXIS 8245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merchants-fire-assurance-corpv-skillin-nyappdiv-1941.