Appellate Division of the Supreme Court of New York, 1937

Hirsh v. Central Hanover Bank & Trust Co.

Appellate Division of the Supreme Court of New York · Decided May 7, 1937

251 A.D. 24; 295 N.Y.S. 522; 1937 N.Y. App. Div. LEXIS 6851

Counsel

Charles E. Scribner of counsel [Rabenold & Scribner, attorneys], for the appellant., Albert Stickney of counsel [Francis S. Bensel and W. Frederick Knecht with him on the brief; Larkin, Rathbone & Perry, attorneys], for the respondent.

Opinion of the Court

Per Curiam.

The complaint states a sufficient cause of action at law though not in equity. Consequently, an answer having been interposed, the court should not have dismissed the complaint. (Clark v. Levy, 130 App. Div. 389; Perrin v. Smith, 135 id. 127; Kraemer v. World Wide Trading Co., Inc., 195 id. 305.)

The order should be reversed, with twenty dollars costs and disbursements, and the motion denied.

Present — Martin, P. J., Glennon, Untermyer, Dore and Cohn, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements, and motion denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.