Pennsylvania Co. for Insurance on Lives & Granting Annuities v. Kauffman

Appellate Division of the Supreme Court of New York

Pennsylvania Co. for Insurance on Lives & Granting Annuities v. Kauffman

263 A.D. 939, 32 N.Y.S.2d 932

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

DecidedFebruary 13, 1942

StatusPublished

This text of 263 A.D. 939 (Pennsylvania Co. for Insurance on Lives & Granting Annuities v. Kauffman) 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

Pennsylvania Co. for Insurance on Lives & Granting Annuities v. Kauffman, 263 A.D. 939, 32 N.Y.S.2d 932 (N.Y. Ct. App. 1942).

Pincite

Opinion

Dore, J.

(dissenting). We think we should deny this motion to dismiss under subdivisions 5 and 7 of rule 107 of the Rules of Civil Practice so that disputed issues as to jurisdictional facts and the application of the rule of res judicata to all the parties involved may be fully developed at a trial and not summarily disposed of on a motion before answer. Accordingly, we dissent and vote to reverse the judgment and order appealed from granting defendants’ motion and denying plaintiffs’ cross-motion to file an amended complaint and to deny defendants’ said motion and grant plaintiffs’ motion to file an amended complaint.

Martin, P. J., concurs.

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

Dore, J.

(dissenting). We think we should deny this motion to dismiss under subdivisions 5 and 7 of rule 107 of the Rules of Civil Practice so that disputed issues as to jurisdictional facts and the application of the rule of res judicata to all the parties involved may be fully developed at a trial and not summarily disposed of on a motion before answer. Accordingly, we dissent and vote to reverse the judgment and order appealed from granting defendants’ motion and denying plaintiffs’ cross-motion to file an amended complaint and to deny defendants’ said motion and grant plaintiffs’ motion to file an amended complaint.

Martin, P. J., concurs.

Cite This Page — Counsel Stack

Bluebook (online)

263 A.D. 939, 32 N.Y.S.2d 932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pennsylvania-co-for-insurance-on-lives-granting-annuities-v-kauffman-nyappdiv-1942.