Miscellaneous Reports. Cases Decided in the Courts of Record of the State of New York Other Than the Court of Appeals and the Appellate Division of the Supreme Court, Volume 112New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) Lawyers Co-operative Publishing Company, 1921 - Law reports, digests, etc "Cases decided in the courts of record of the state of New York, other than the Court of Appeals and the Appellate Division of the Supreme Court, including the Appellate Term of the Supreme Court for the hearing of appeals from the City Court of the city of New York and the Municipal Court of the city of New York; special terms and trial terms of the Supreme Court, City Court of the city of New York, the Court of general sessions of the peace in and for the city and county of New York, county courts, and the Surrogates' Courts." (varies slightly) |
From inside the book
Results 1-5 of 92
Page 31
... recover under this item as excavation of siltation , but for excavation below the grade line shown on the plans made unavoidably necessary by the presence at and above the grade line of a large number of boulders and a considerable ...
... recover under this item as excavation of siltation , but for excavation below the grade line shown on the plans made unavoidably necessary by the presence at and above the grade line of a large number of boulders and a considerable ...
Page 32
... recover on account of this item as damage for the alleged misrepresentation of the plans as to the character of material to be encountered to note that the item is not so pleaded in the claim , in addition to which there is another item ...
... recover on account of this item as damage for the alleged misrepresentation of the plans as to the character of material to be encountered to note that the item is not so pleaded in the claim , in addition to which there is another item ...
Page 35
... recover that amount . The state urges that this interference was one of the risks which claimant assumed by virtue of paragraph 23 of the specifications . I do not think so . It was the duty of the state to furnish the contractor with ...
... recover that amount . The state urges that this interference was one of the risks which claimant assumed by virtue of paragraph 23 of the specifications . I do not think so . It was the duty of the state to furnish the contractor with ...
Page 90
... recover the possession of real property , unless the petitioner alleges in the petition and proves that the rent of the premises described in the petition is no greater than the amount paid by the tenant for the month preceding the ...
... recover the possession of real property , unless the petitioner alleges in the petition and proves that the rent of the premises described in the petition is no greater than the amount paid by the tenant for the month preceding the ...
Page 94
... recovered is unjust . Chap . 136 , § 2. Upon the issue thus presented the way is open to the tenant to prove whatever unjust rental he may assert , even if it appears that the rent demanded does not exceed either of the two limits ...
... recovered is unjust . Chap . 136 , § 2. Upon the issue thus presented the way is open to the tenant to prove whatever unjust rental he may assert , even if it appears that the rent demanded does not exceed either of the two limits ...
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Common terms and phrases
affd affirmed agreement alleged amendment amount Appellate Term attorney authority bank Bronx County building carriers cause of action chap Civil Procedure claimant Code of Civil complaint construction contract corporation costs counsel counterclaim Court of Claims covenant damages death deceased decedent defendant defendant's dismissed dollars employees entitled evidence ex rel executors fact favor filed granted held intention issue judgment July June jurisdiction landlord lease legislature liable lien marriage Matter ment Misc mortgage motion Municipal Court negligence Oneida county owner paid parties payment person petitioner plaintiff pleadings possession premises purchase question reason recover rent replevin Repr residuary estate respondent restrictive covenant rule Second Department Special Term statute summary proceedings supra Supreme Court Surrogate's Court tenant testator thereof tion trial trust union Westchester County York County
Popular passages
Page 602 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 195 - Appointments and promotions in the civil service of the State, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive...
Page 419 - Every person who shall use any threatening, abusive, or insulting words or behaviour with intent to provoke a breach of the peace, or whereby a breach of the peace may be occasioned : 14.
Page 172 - Every contract for the leasing for a longer period than one year, or for the sale of any lands, or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made.
Page 192 - Court of the District of Columbia or in the district court of the United States for the district in which such claimant resides, or, if a corporation, where it has its principal place of business...
Page 214 - A deposit by one person of his own money, in his own name as trustee for another, standing alone, does not establish an irrevocable trust during the lifetime of the depositor. It is a tentative trust merely, revocable at will, until the depositor dies or completes the gift in his lifetime by some unequivocal act or declaration such as delivery of the passbook or notice to the beneficiary.
Page 610 - Wherever the interstate and intrastate transactions of carriers are so related that the government of the one involves the control of the other, it is Congress, and not the State, that is entitled to prescribe the final and dominant rule, for otherwise Congress would be denied the exercise of its constitutional authority and the State, and not the Nation, would be supreme within the national field.
Page 558 - whenever the executive authority of any State or territory demands any person as a fugitive from justice of the executive authority of any State or territory to which such person has fled, and...
Page 195 - ... that honorably discharged soldiers and sailors from the army and navy of the United States in the late civil war, who are citizens and residents of this State, shall be entitled to preference in appointment and promotion, without regard to their standing on any list from which such appointment or promotion may be made. Laws shall be made to provide for the enforcement of this section.
Page 713 - They also moved to dismiss the bill of complaint upon the ground that it failed to state a cause of action.