Nygaard Flooring Co. v. El Josh Realty Corp.

Appellate Division of the Supreme Court of New York

Nygaard Flooring Co. v. El Josh Realty Corp.

234 A.D. 723

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

DecidedOctober 15, 1931

StatusPublished

This text of 234 A.D. 723 (Nygaard Flooring Co. v. El Josh Realty Corp.) 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

Nygaard Flooring Co. v. El Josh Realty Corp., 234 A.D. 723 (N.Y. Ct. App. 1931).

Pincite

Opinion

Order denying motion for judgment on the pleadings reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, upon the ground that the complaint does not state facts sufficient to constitute a cause of action. The conveyance set forth in the complaint was made before the amendment to section 7 of the Lien Law. Young, Carswell and Davis, JJ., concur; Lazansky, P. J., and Kapper, J., dissent upon the ground that the sufficiency of the complaint as a matter of pleading was determined by a prior motion.

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Order denying motion for judgment on the pleadings reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, upon the ground that the complaint does not state facts sufficient to constitute a cause of action. The conveyance set forth in the complaint was made before the amendment to section 7 of the Lien Law. Young, Carswell and Davis, JJ., concur; Lazansky, P. J., and Kapper, J., dissent upon the ground that the sufficiency of the complaint as a matter of pleading was determined by a prior motion.

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Bluebook (online)

234 A.D. 723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nygaard-flooring-co-v-el-josh-realty-corp-nyappdiv-1931.