Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 196
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accept action affirmed agreed agreement alleged amended amount answer Appellant application attorney authority award Bank building cause certificate chap charge claim Clarke clerk Code Commission commissioner Company complaint concur condition construction contract corporation counsel court damages death defendant defendant's delivered delivery denied Department determine directed disbursements dismissed dollars costs Dowling effect entered entitled evidence executed fact favor follows further give given granted Greenbaum ground held interest issued judgment jury Laughlin lease letter March Matter motion notice opinion paid parties payment performance person plaintiff premises Present proceeding question reason received recover relator respect Respondent reversed rule Second Smith Special specified statute street taken Term testified testimony thereof Third trial trust United witness York
Page 798 - The answer of the defendant must contain: 1. A general or specific denial of each material allegation of the complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief.
Page 36 - The question always is, was there an unbroken connection between the wrongful act and the injury, — a continuous operation? Did the facts constitute a continuous succession of events, so linked together as to make a natural whole, or was there some new and independent cause intervening between the wrong and the injury?
Page 762 - Association, the plaintiff in the above-entitled action ; that he has read the foregoing complaint and knows the contents thereof; and that the same is true to his own knowledge, except as to the matters therein stated to be alleged on information and belief ; and that as to those matters he believes it to be true.
Page 311 - ... it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify the injured party in refusing to proceed further and suing for damages for breach of the entire contract, or whether the breach is severable, giving rise to a claim for compensation but not to a right to treat the whole contract as broken.
Page 602 - Where an action is brought, as prescribed in either of the ast two articles, the court may, in its discretion, during the pendency thereof, from time to time, make and modify an order or orders, requiring the husband to pay any sum or sums of money necessary to enable the wife to carry on or defend the action...
Page 208 - Amalgamated Association of Street and Electric Railway Employees of America, the parent body of the local that I belong to.
Page 361 - In all other cases the defendant may be found guilty of any offense, the commission of which is necessarily included in that with which he is charged in the indictment.
Page 20 - In an action brought to recover a judgment affecting the title to, or the possession, use, or enjoyment of, real property...
Page 310 - As binding the seller to transfer the property in all of the existing goods or in so much thereof as have not deteriorated, and as binding the buyer to pay the full agreed price if the contract was indivisible, or to pay the agreed price for so much of the goods as the seller, by the buyer's option, is bound to transfer if the contract was divisible.