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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Page 19
... granting in part plaintiffs ' motion to continue an injunction pendente lite , denying plaintiffs ' motion for the ... granted a motion to cancel the lis pendens in this action upon the giving of an undertaking by the defendant Emma ...
... granting in part plaintiffs ' motion to continue an injunction pendente lite , denying plaintiffs ' motion for the ... granted a motion to cancel the lis pendens in this action upon the giving of an undertaking by the defendant Emma ...
Page 22
... granted only upon condition that they give a proper undertaking in the sum of $ 200,000 , within ten days after the entry of an order herein , said undertaking to be approved by the court . CLARKE , P. J. , LAUGHLIN , SMITH and ...
... granted only upon condition that they give a proper undertaking in the sum of $ 200,000 , within ten days after the entry of an order herein , said undertaking to be approved by the court . CLARKE , P. J. , LAUGHLIN , SMITH and ...
Page 42
... granting of the motion ; that the court thereupon published the following memorandum : " Motion for leave to substitute the temporary administrator as a party defendant is granted . No opposition . Settle order on notice ; " that notice ...
... granting of the motion ; that the court thereupon published the following memorandum : " Motion for leave to substitute the temporary administrator as a party defendant is granted . No opposition . Settle order on notice ; " that notice ...
Page 44
... granted . DOWLING , LAUGHLIN , SMITH and MERRELL , JJ . , concur . Orders reversed , with ten dollars costs and disbursements ; motion for leave to appeal from judgment denied , and motion to declare appeal abandoned granted . THE ...
... granted . DOWLING , LAUGHLIN , SMITH and MERRELL , JJ . , concur . Orders reversed , with ten dollars costs and disbursements ; motion for leave to appeal from judgment denied , and motion to declare appeal abandoned granted . THE ...
Page 73
... granted , with costs to the appellant to abide the event . Assuming that this provision of the contract is not waived , the question still remains as to whether the defendant can take advantage of this provision of the contract without ...
... granted , with costs to the appellant to abide the event . Assuming that this provision of the contract is not waived , the question still remains as to whether the defendant can take advantage of this provision of the contract without ...
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Common terms and phrases
affd affidavit affirmed agreement alimony alleged amended amount appellant April attorney award bill of lading cause of action certificate chap charge Civil Procedure claim claimant clerk Code of Civil Commission commissioner Company complaint concur construction contract corporation costs and disbursements counsel counterclaim damages decedent defendant defendant's delivered delivery demurrer denied dismissed dollars costs employees entitled evidence ex rel executors fact favor Fourth Department Harry Schiff issue judgment jurisdiction jury landlord lease letter liability March Matter ment motion Oneida county opinion paid parties payment performance person petitioner plaintiff premises proceedings purchase question received recover res adjudicata respect respondent reversed Second Department Special Term statute subd Supreme Court Surrogate's Court tenant Terry Hale testamentary capacity testator testified testimony thereof Third Department trial trust verdict witness York
Popular passages
Page 796 - 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 760 - 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 309 - ... 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 600 - 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 206 - Amalgamated Association of Street and Electric Railway Employees of America, the parent body of the local that I belong to.
Page 359 - 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 308 - 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.
Page 210 - Five days' notice in writing of such application shall be served upon the party in default. Service thereof shall be made in the manner provided by the Federal Rules of Civil Procedure.