Zelter v. Nash
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order affirmed, without costs of this appeal to either party. Memorandum: The proceeding was properly dismissed. It is unnecessary to determine whether section 210 of the Charter of the City of Rochester embraces unliquidated claims arising out of negligence. The claimant, upon whom the subpoena and notice was served, presented no petition to the court. The petitioner was her attorney. He made, signed and verified the petition. He was not the party aggrieved. The petition, even if made by the claimant, would have required dismissal. The authority of the city auditor pursuant to said section…
2Cases cited7 opinions
- Carlisle v. BennettNew York Court of Appeals · 1935
- Foster v. KennyAppellate Division of the Supreme Court of the State of New York · 1910
- Mitchel v. Honorable CropseyAppellate Division of the Supreme Court of the State of New York · 1917
- People Ex Rel. Ballin v. . SmithNew York Court of Appeals · 1906
- Herlands v. SurplessAppellate Division of the Supreme Court of the State of New York · 1939
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Estate of Weinraub v. GabelNew York Supreme Court · 1963
- Giambra v. Commissioner of Motor VehiclesAppellate Division of the Supreme Court of the State of New York · 1977
- Klein v. HaftAppellate Division of the Supreme Court of the State of New York · 1979
- Rushmore v. LipsonNew York Supreme Court · 1964
- Delta Discount Corp. v. State Banking DepartmentNew York Supreme Court · 1959
6 more not listed; retrieve them via the Exa API.