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Fulton County G. Elec. v. Hudson Riv. Tel. Co.

Appellate Division of the Supreme Court of New York, Third Department
Mar 1, 1909
131 App. Div. 919 (N.Y. App. Div. 1909)

Opinion

March, 1909.


Motion for leave to appeal to the Court of Appeals granted, and questions certified as follows: First. Does it appear on the face of the complaint that it does not state facts sufficient to constitute a cause of action? Second. Does it appear on the face of the counterclaim set forth in paragraph numbered 17 of the defendant's amended answer (1) that said counterclaim is not of the character specified in section 501 of the Code of Civil Procedure; (2) that said counterclaim does not state facts sufficient to constitute a cause of action? Third. Does it appear on the face of the counterclaim set forth in paragraph numbered 18 of the defendant's amended answer (1) that said counterclaim is not of the character specified in section 501 of the Code of Civil Procedure; (2) that said counterclaim does not state facts sufficient to constitute a cause of action? Fourth. Is the interlocutory judgment in this case, overruling the demurrer to the plaintiff's complaint on the ground of insufficiency, the law of the case as to the sufficiency of the complaint?


Summaries of

Fulton County G. Elec. v. Hudson Riv. Tel. Co.

Appellate Division of the Supreme Court of New York, Third Department
Mar 1, 1909
131 App. Div. 919 (N.Y. App. Div. 1909)
Case details for

Fulton County G. Elec. v. Hudson Riv. Tel. Co.

Case Details

Full title:Fulton County Gas and Electric Company v. Hudson River Telephone Company

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

Date published: Mar 1, 1909

Citations

131 App. Div. 919 (N.Y. App. Div. 1909)