O'Brien v. . Fitzgerald
O'Brien v. . Fitzgerald
44 N.E. 1121; 150 N.Y. 572; 1896 N.Y. LEXIS 1027
(North Eastern Reporter)
Cases that cite this one
13 later published cases cite this decision.
- Dykman v. . Keeney (N.Y. 1897)
- Sayles v. White (Appellate Division of the Supreme Court of New York 1897)
- Cwerdinski v. Bent (Appellate Division of the Supreme Court of New York 1939)
- Jones v. Van Heusen Charles Co. (Appellate Division of the Supreme Court of New York 1930)
- Nauss v. Nauss Bros. (Appellate Division of the Supreme Court of New York 1921)
- Warnock Uniform Co. v. Garifalos (Appellate Division of the Supreme Court of New York 1915)
- Asphalt Construction Co. v. Bouker (Appellate Division of the Supreme Court of New York 1912)
- Gray v. Back (New York Supreme Court 1908)
- Mutual Life Insurance v. McCurdy (Appellate Division of the Supreme Court of New York 1907)
- Emerson v. Gaither (Md. 1906)
- Mabon v. Miller (Appellate Division of the Supreme Court of New York 1903)
- Gray v. Fuller (Appellate Division of the Supreme Court of New York 1897)
- Empire State Savings Bank of Buffalo v. . Beard (N.Y. 1896)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Judgment affirmed, with costs, on the opinion below, and the questions answered as follows:
1st. Whether the amended complaint in this action sets forth a cause of action in equity. Answer, no.
2d. Whether there has been an improper joinder of causes of action in the amended complaint herein. Answer, yes.
Concur — Gray, O’Brien, Bartlett and Vann, JJ.
Dissent — Andrews, Ch. J., Haight and Martin, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.