Legal Opinion

York Mortgage Corp. v. Clotar Construction Corp.

New York Court of Appeals

Decided June 10, 1930PublishedCited by 89 opinions

1Opinion of the CourtPound, J.

The Appellate Division modified the judgment of the County Court, Nassau county, upon the facts, made new findings and rendered final judgment thereon in favor of York Mortgage Corporation. This court must, therefore, review the facts. (Const, art. VI, § 7.) The question arises as to the scope of such a review. Before the adoption of the Constitution of 1894 it was the duty of this court, when there was a reversal upon the facts, to review the questions of fact as well as the questions of law. The question then arose as to the jurisdiction of the General Term to review findings of fact made…

2Cases cited15 opinions

  1. Boyd v. BoydNew York Court of Appeals · 1930
  2. Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
  3. Forstmann v. Joray Holding Co., Inc.New York Court of Appeals · 1926
  4. Middleton v. . WhitridgeNew York Court of Appeals · 1915
  5. Matter of FlaglerNew York Court of Appeals · 1928

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3Cited by89 opinions

  1. Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
  2. Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
  3. People Ex Rel. MacCracken v. MillerNew York Court of Appeals · 1943
  4. Bernardine v. City of New YorkNew York Court of Appeals · 1945
  5. Amend v. HurleyNew York Court of Appeals · 1944

84 more not listed; retrieve them via the Exa API.

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