[Download] "American Industrial Contracting Co. v. Travelers Indemnity Company" by Court of Appeals of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: American Industrial Contracting Co. v. Travelers Indemnity Company
- Author : Court of Appeals of New York
- Release Date : January 06, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Memorandum. Order affirmed, with costs, on the memorandum at the Appellate Division. Appellant's reliance on Rovello v Orofino Realty Co. (40 N.Y.2d 633) is mistaken. That case dealt only with the propriety of using affidavits in support of a motion to dismiss the complaint for legal insufficiency, that is, for failure to state a cause of action pursuant to CPLR 3211 (subd [a], par 7). In this case, where the motion, pursuant to paragraph 1 of subdivision (a), was one to dismiss on the ground that a defense is founded upon documentary evidence, the Rovello case has no application.
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