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Capek v. Demetrowitz

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 1938
253 App. Div. 917 (N.Y. App. Div. 1938)

Opinion

February 28, 1938.


Order denying plaintiff's motion for judgment on the pleadings pursuant to rule 112 of the Rules of Civil Practice reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The form of the denials is fatally defective. (Civ. Prac. Act, § 261; D. G. Girl Coat Co., Inc., v. Kafka, 218 App. Div. 607; affd., without opinion, 245 N.Y. 646.) In our opinion the plaintiff was also entitled to summary judgment under rule 113 of the Rules of Civil Practice. Therefore, no leave to amend the answer is granted. Lazansky, P.J., Hagarty, Davis, Johnston and Close, JJ., concur.


Summaries of

Capek v. Demetrowitz

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 1938
253 App. Div. 917 (N.Y. App. Div. 1938)
Case details for

Capek v. Demetrowitz

Case Details

Full title:FRANK CAPEK, Appellant, v. DAMION DEMETROWITZ and EMILIE DEMETROWITZ…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 28, 1938

Citations

253 App. Div. 917 (N.Y. App. Div. 1938)

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