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Oldham v. McRoberts

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 7, 1962
18 A.D.2d 773 (N.Y. App. Div. 1962)

Opinion

December 7, 1962

Appeal from the Erie Special Term.

Present — Williams, P.J., Bastow, Goldman, Halpern and Henry, JJ.


Order unanimously affirmed, without costs of this appeal to any party. Memorandum: The complaint on its face states at least one good cause of action. This is sufficient to defeat a motion addressed to the entire complaint. ( Advance Music Corp. v. American Tobacco Co., 296 N.Y. 79, 84.) We do not now pass on the question of the effect of prior adjudications or any other defenses. The issues in this case cannot be properly disposed of by a motion for judgment on the pleadings under rule 112 of the Rules of Civil Practice.


Summaries of

Oldham v. McRoberts

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 7, 1962
18 A.D.2d 773 (N.Y. App. Div. 1962)
Case details for

Oldham v. McRoberts

Case Details

Full title:FRANK B. OLDHAM et al., Respondents, v. H. THEODORE McROBERTS, Appellant…

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

Date published: Dec 7, 1962

Citations

18 A.D.2d 773 (N.Y. App. Div. 1962)
235 N.Y.S.2d 457

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