From Casetext: Smarter Legal Research

N.A. Berwin Co., Inc. v. Am. Safety Razor Corp.

Appellate Division of the Supreme Court of New York, First Department
Nov 4, 1953
282 App. Div. 922 (N.Y. App. Div. 1953)

Opinion

November 4, 1953.

Present — Peck, P.J., Dore, Cohn, Callahan and Bergan, JJ.


We are obliged to confine our consideration of the complaint on this motion to dismiss for insufficiency to the four corners of the complaint and cannot consider facts brought to our attention on another and broader motion. Although we may be of the opinion that plaintiff cannot ultimately succeed when all the facts are in, we hold the complaint on the facts alleged to be sufficient. Orders unanimously affirmed, with $10 costs and disbursements to the respondents.


Summaries of

N.A. Berwin Co., Inc. v. Am. Safety Razor Corp.

Appellate Division of the Supreme Court of New York, First Department
Nov 4, 1953
282 App. Div. 922 (N.Y. App. Div. 1953)
Case details for

N.A. Berwin Co., Inc. v. Am. Safety Razor Corp.

Case Details

Full title:N.A. BERWIN CO., INC., et al., Respondents, v. AMERICAN SAFETY RAZOR…

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

Date published: Nov 4, 1953

Citations

282 App. Div. 922 (N.Y. App. Div. 1953)

Citing Cases

St. Regis Tribe v. State of New York

court as a basis for dismissal of the claim, to wit, that it is legally insufficient. This point having been…

Nyack Rural Cemetery v. State of N.Y

The court will consider first that part of the motion made pursuant to rule 106, namely, that the claim does…