Title Guarantee & Trust Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Title Guarantee and Trust Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 19th day of February, 1916, upon a dismissal of the complaint by direction of the court at the close of the case, and also from an order entered in said clerk’s office on the 7th day of March, 1916, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Merrell, J.:
This is an appeal by the plaintiff from a judgment entered upon a nonsuit granted at the close of the evidence dismissing plaintiff’s complaint upon the merits and from an order denying plaintiff’s motion for a new trial.
The action was to recover the sum of $2,654.40 paid by plaintiff to defendant on June 20,1905, for a permit to open the street at 176 Broadway, New York, for the purpose of removing and replacing the cover of a vault extending under said street.
The plaintiff, a corporation, acquired the premises at 176 *690Broadway by purchase on May 18, 1905. At that time plaintiff…
2Cases cited2 opinions
- Stenton v. . JeromeNew York Court of Appeals · 1873
- Horner v. StateAppellate Division of the Supreme Court of the State of New York · 1899