Legal Opinion

McCann v. . City of New York

New York Court of Appeals

Decided February 26, 1901PublishedCited by 6 opinions

Appeal, by permission, from a judgment entered upon an order of the Appellate Division of the Supreme Court in the first judicial department, made June 8, 1900, affirming an interlocutory judgment overruling a demurrer to the amended complaint. The following question was certified: “ Does the amended complaint herein state facts sufficient to constitute a cause of action \ ”

1Opinion of the Court

Judgment affirmed, with costs, and the question certified answered in the affirmative.

The court does not consider the constitutional question, because it is not plainly presented in the complaint, and for the additional reason that counsel expressly waived its consideration on the argument; no opinion.

Concur: Parker, Ch. J., O’Brien, Bartlett, Haight, Martin, Vann and Landon, J J.

2Cited by6 opinions

  1. City of New York v. HerdjeAppellate Division of the Supreme Court of the State of New York · 1902
  2. Davidson v. WitthausAppellate Division of the Supreme Court of the State of New York · 1905
  3. Auguti v. Board of EstimateNew York Supreme Court · 1957
  4. Auguti v. City Civil Service CommissionNew York Supreme Court · 1957
  5. Ryan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903

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