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

Appellate Division of the Supreme Court of the State of New York·Decided March 21, 1941·Published

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.

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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261 A.D. 948 (Merchants Fire Assurance Corp.v. Skillin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.