Fosmire v. . National Surety Company
Cases that cite this one
4 later published cases cite this decision.
- State v. Vinther (Wash. 1936)
- Herbert F. Darling, Inc. v. City of Niagara Falls (Appellate Division of the Supreme Court of New York 1979)
- Lowenkron v. Berkeley Cooperative Towers Sec. 11 Corp. (Appellate Division of the Supreme Court of New York 1966)
- Bernard v. Chase National Bank (Appellate Division of the Supreme Court of New York 1931)
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
The Special Term properly denied the plaintiff’s motion for judgment on the pleadings, but, in the absence of a counter-motion by the defendant, it erred in going farther and dismissing the complaint.
The remittitur should, therefore, be amended so as to provide that the order of the Appellate Division be reversed and that of the Special Term modified by striking out the direction for judgment of dismissal, and as modified affirmed, without costs to either party, and the question certified answered in the negative.
Except as aforesaid, the plaintiff’s motions for an amendment of the remittitur, for leave to serve an amended complaint, and for a re-argument, are denied.
All concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.