Legal Opinion

Tolley v. Maliswaski

New York Supreme Court

Decided April 21, 1936PublishedCited by 5 opinions

1Opinion of the CourtPersonius, J.

At the close of the plaintiff’s evidence the defendant moved for a dismissal of the complaint and a nonsuit; at the close of all of the evidence the defendant and the plaintiff each moved for a directed verdict. Decision of these motions was reserved by consent. The jury rendered a verdict for the plaintiff in the sum of $1,275. The defendant moved to set aside this verdict and for a new trial. Decision was again reserved and briefs submitted.

The action is brought under section 128 of the Public Welfare Law which provides: “ A public welfare official may bring action against a person…

2Cases cited4 opinions

  1. City of Albany v. . McNamaraNew York Court of Appeals · 1889
  2. In re the Estate of BlackNew York Surrogate's Court · 1934
  3. In re the Judicial Settlement of the Estate of CarrollNew York Surrogate's Court · 1907
  4. Hodson v. GrumlichCity of New York Municipal Court · 1935

3Cited by5 opinions

  1. In re the Estate of KasnerNew York Surrogate's Court · 1941
  2. In re the Accounting of MorrisseyNew York Surrogate's Court · 1944
  3. In re the Accounting of SaundersNew York Surrogate's Court · 1951
  4. In re the Estate of BeningasoNew York Surrogate's Court · 1937
  5. Department of Welfare v. HaleckyNew York Family Court · 1948

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