Van Dyke v. Gardner

City of New York Municipal Court

Van Dyke v. Gardner

21 Misc. 542, 47 N.Y.S. 710

CourtCity of New York Municipal Court

DecidedOctober 15, 1897

StatusPublished

Cited by1 cases

This text of 21 Misc. 542 (Van Dyke v. Gardner) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Van Dyke v. Gardner, 21 Misc. 542, 47 N.Y.S. 710 (N.Y. Super. Ct. 1897).

Pincite

Opinion

Per Curiam.

Under , the issues framed by the pleadings defendant could not show that the plaintiff was not the real party in- interest, as he failed to allege the facts necessary to' raise sutih an issue. i

The mere legal conclusion “that plaintiff was not the real or proper party in interest ” pleaded by him was not sufficient. Ho error being discovered, judgment affirmed, with costs. .

Present: Fitzsimons, Conlan and Schuchman, JJ.

Judgment affirmed, with costs.

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