North v. City of Cohoes

Full title: C. RAYMOND NORTH, Appellant, v. CITY OF COHOES, and Others, Defendants…

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

Date published: Jul 2, 1941

262 App. Div. 932 (N.Y. App. Div. 1941)

Opinion

July 2, 1941.

Appeal from Supreme Court, Albany County.

This motion was for the dismissal of the complaint on the grounds that it failed to state facts sufficient to constitute a cause of action and the affidavits were properly refused. ( Merchants Loan and Investment Corp. v. Abramson, 214 App. Div. 252; Citizens Trust Company of Binghamton v. Merselis, 148 Misc. 676; affd., 244 App. Div. 845.) Orders affirmed, with costs. Crapser, Bliss, Schenck and Foster, JJ., concur; Hill, P.J., dissents.