Starr v. Kalfus

Appellate Division of the Supreme Court of New York

Starr v. Kalfus

256 A.D. 1109, 11 N.Y.S.2d 602, 1939 N.Y. App. Div. LEXIS 6321

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

DecidedApril 24, 1939

StatusPublished

This text of 256 A.D. 1109 (Starr v. Kalfus) 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

Starr v. Kalfus, 256 A.D. 1109, 11 N.Y.S.2d 602, 1939 N.Y. App. Div. LEXIS 6321 (N.Y. Ct. App. 1939).

Pincite

Opinion

Order denying defendant’s motion for leave to serve amended answer reversed on the law, without costs, and motion granted, without costs, and defendant directed to serve amended answer within ten days from the entry of the order hereon. We are of opinion that the sufficiency of the defense, in the light of the statutes of Nevada and the rulings and decisions of the courts of that State, as sought to be pleaded, may not be determined upon the motion to amend. Cross-appeals from an order denying defendant’s motion for judgment on the pleadings and plaintiff’s motion to strike out the answer and for summary judgment. Order, in so far as appealed from, affirmed, without costs. No opinion. Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ., concur.

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Order denying defendant’s motion for leave to serve amended answer reversed on the law, without costs, and motion granted, without costs, and defendant directed to serve amended answer within ten days from the entry of the order hereon. We are of opinion that the sufficiency of the defense, in the light of the statutes of Nevada and the rulings and decisions of the courts of that State, as sought to be pleaded, may not be determined upon the motion to amend. Cross-appeals from an order denying defendant’s motion for judgment on the pleadings and plaintiff’s motion to strike out the answer and for summary judgment. Order, in so far as appealed from, affirmed, without costs. No opinion. Lazansky, P. J., Hagarty, Carswell, Johnston and Close, JJ., concur.

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Bluebook (online)

256 A.D. 1109, 11 N.Y.S.2d 602, 1939 N.Y. App. Div. LEXIS 6321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/starr-v-kalfus-nyappdiv-1939.