Saint Joseph's Hospital v. Ormond

Appellate Division of the Supreme Court of New York

Saint Joseph's Hospital v. Ormond

259 A.D. 741, 18 N.Y.S.2d 570, 1940 N.Y. App. Div. LEXIS 6492

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

DecidedMarch 18, 1940

StatusPublished

This text of 259 A.D. 741 (Saint Joseph's Hospital v. Ormond) 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

Saint Joseph's Hospital v. Ormond, 259 A.D. 741, 18 N.Y.S.2d 570, 1940 N.Y. App. Div. LEXIS 6492 (N.Y. Ct. App. 1940).

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Opinion

Appeal from an order of the County Court of Westchester County, which affirmed an order of the City Court of Yonkers denying plaintiff’s motion for judgment on the pleadings. Order unanimously affirmed, with costs. The allegations of the answer, read in connection with those of the complaint, are such as to raise triable issues which may not be the subject of disposition upon motion for judgment on the pleadings. The rights of the defendant under his pleaded affirmative defense will be litigated upon the trial. Present — Lazansky, P. J., Hagarty, Carswell, Taylor and Close, JJ.

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Appeal from an order of the County Court of Westchester County, which affirmed an order of the City Court of Yonkers denying plaintiff’s motion for judgment on the pleadings. Order unanimously affirmed, with costs. The allegations of the answer, read in connection with those of the complaint, are such as to raise triable issues which may not be the subject of disposition upon motion for judgment on the pleadings. The rights of the defendant under his pleaded affirmative defense will be litigated upon the trial. Present — Lazansky, P. J., Hagarty, Carswell, Taylor and Close, JJ.

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Bluebook (online)

259 A.D. 741, 18 N.Y.S.2d 570, 1940 N.Y. App. Div. LEXIS 6492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saint-josephs-hospital-v-ormond-nyappdiv-1940.