173 N.Y. 622
66 N.E 1113
Decided February 10, 1903
New York Court of Appeals · decided 1903-02-10
Cross-appeals, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 28, 1902, which affirmed an interlocutory judgment of Special Term sustaining in part and overruling in part a demurrer to the complaint. The following are the questions certified: “ First. Do counts I to XIII, both inclusive, of the amended complaint state facts sufficient to constitute a cause of action ? “ Second.
Good law ✅— No negative treatment on recordhow we know
Decided 1903-02-10
Cited by 13 later decisions (1 by the Supreme Court) — most recently March 1962
1 federal appellate · 10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1 Judgment affirmed, without costs to either party, on opinion of O’Gorman, J., below; the first and second questions certified answered in the affirmative, and the third, fourth and fifth in the negative.
¶2 Concur: Parker, Ch. J., Bartlett, Haight, Martin, Cullen and Werner, JJ. Absent: O’Brien, J.