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Fosmire v. National Surety Company

Court of Appeals of the State of New York
Jun 8, 1920
128 N.E. 130 (N.Y. 1920)

Opinion

Submitted June 1, 1920

Decided June 8, 1920


The Special Term properly denied the plaintiff's motion for judgment on the pleadings, but, in the absence of a counter-motion by the defendant, it erred in going farther and dismissing the complaint.

The remittitur should, therefore, be amended so as to provide that the order of the Appellate Division be reversed and that of the Special Term modified by striking out the direction for judgment of dismissal, and as modified affirmed, without costs to either party, and the question certified answered in the negative.

Except as aforesaid, the plaintiff's motions for an amendment of the remittitur, for leave to serve an amended complaint, and for a re-argument, are denied.

All concur.


Summaries of

Fosmire v. National Surety Company

Court of Appeals of the State of New York
Jun 8, 1920
128 N.E. 130 (N.Y. 1920)
Case details for

Fosmire v. National Surety Company

Case Details

Full title:CHARLES FOSMIRE, Respondent, v . NATIONAL SURETY COMPANY, Appellant

Court:Court of Appeals of the State of New York

Date published: Jun 8, 1920

Citations

128 N.E. 130 (N.Y. 1920)
128 N.E. 130

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