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 18
... judgment the question of the materiality of the plaintiff's breach became a question of law and was properly ruled by the trial judge and the judgment should be affirmed , with costs . CLARKE , P. J. , concurs . Judgment and order ...
... judgment the question of the materiality of the plaintiff's breach became a question of law and was properly ruled by the trial judge and the judgment should be affirmed , with costs . CLARKE , P. J. , concurs . Judgment and order ...
Page 21
... judgment affecting the title to , or possession , use or enjoyment of real property . Being so , the right to file the lis pendens was absolute ; and having been properly filed , it could not be canceled except pursuant to section 1674 ...
... judgment affecting the title to , or possession , use or enjoyment of real property . Being so , the right to file the lis pendens was absolute ; and having been properly filed , it could not be canceled except pursuant to section 1674 ...
Page 41
... judgment - extension of time . Where a party to an action dies after the entry of judgment his adminis- trator , under section 785 of the Code of Civil Procedure , must procure an order for leave to appeal , enter the same and serve a ...
... judgment - extension of time . Where a party to an action dies after the entry of judgment his adminis- trator , under section 785 of the Code of Civil Procedure , must procure an order for leave to appeal , enter the same and serve a ...
Page 42
... judgment and order denying motion for a new trial were duly served on the defendant's attorney on April 20 , 1920 ; that on the 2d day of May , 1920 , and before any notice of appeal was served , the defendant died ; that on July 30 ...
... judgment and order denying motion for a new trial were duly served on the defendant's attorney on April 20 , 1920 ; that on the 2d day of May , 1920 , and before any notice of appeal was served , the defendant died ; that on July 30 ...
Page 43
... judgment , be declared waived , abandoned and abated . The order proposed in behalf of the temporary administrator was signed granting him leave to take the appeal from the judgment on or before September 28 , 1920. The plaintiff's ...
... judgment , be declared waived , abandoned and abated . The order proposed in behalf of the temporary administrator was signed granting him leave to take the appeal from the judgment on or before September 28 , 1920. The plaintiff's ...
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Common terms and phrases
affidavits agreement alleged amended amount Appellant April attorney award bill of lading Blackmar cause of action certificate chap charge Civil Procedure claim claimant Clarke clerk Code of Civil Commission commissioner Company complaint concur construction contract corporation costs and disbursements counsel damages deceased decedent defendant defendant's delivered delivery denied dismissed dollars costs employees entitled evidence ex rel executors fact favor granted Harry Schiff Impleaded issued Judgment and order jurisdiction jury Kelly and Jaycox Laughlin lease letter liability March Matter ment Merrell and Greenbaum motion Oneida county opinion Order affirmed paid parties payment performance plaintiff premises proceeding question recover respect Respondent reversed Second Department Special Term statute subd Supreme Court Surrogate's Court ten dollars costs tenant Terry Hale testamentary capacity testator testified testimony thereof Third Department trial trust verdict York YORK ex rel
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.