Oldham v. McRoberts

Appellate Division of the Supreme Court of New York

Oldham v. McRoberts

18 A.D.2d 773, 235 N.Y.S.2d 457, 1962 N.Y. App. Div. LEXIS 6527

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

DecidedDecember 7, 1962

StatusPublished

Cited by1 cases

This text of 18 A.D.2d 773 (Oldham v. McRoberts) 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

Oldham v. McRoberts, 18 A.D.2d 773, 235 N.Y.S.2d 457, 1962 N.Y. App. Div. LEXIS 6527 (N.Y. Ct. App. 1962).

Pincite

Opinion

Order unanimously affirmed, without costs of this appeal to any party. Memorandum: The complaint on its face states at least one good cause of action. This is sufficient to defeat a motion addressed to the entire complaint. (Advance Music Corp. v. American Tobacco Co., 296 N. Y. 79, 84.) We do not now pass on the question of the effect of prior adjudications or any other defenses. The issues in this case cannot be properly disposed of by a motion for judgment on the pleadings under rule 112 of the Rules of Civil Practice. (Appeal from order of Erie Special Term denying motion of defendant MoRoberts for judgment on the pleadings.) Present — Williams, P. J., Bastow, Goldman, Halpern and Henry, JJ.

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

Order unanimously affirmed, without costs of this appeal to any party. Memorandum: The complaint on its face states at least one good cause of action. This is sufficient to defeat a motion addressed to the entire complaint. (Advance Music Corp. v. American Tobacco Co., 296 N. Y. 79, 84.) We do not now pass on the question of the effect of prior adjudications or any other defenses. The issues in this case cannot be properly disposed of by a motion for judgment on the pleadings under rule 112 of the Rules of Civil Practice. (Appeal from order of Erie Special Term denying motion of defendant MoRoberts for judgment on the pleadings.) Present — Williams, P. J., Bastow, Goldman, Halpern and Henry, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

18 A.D.2d 773, 235 N.Y.S.2d 457, 1962 N.Y. App. Div. LEXIS 6527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oldham-v-mcroberts-nyappdiv-1962.

Opinion

Related

Cite This Page — Counsel Stack