Legal Opinion

Lewkowicz v. Queen Aeroplane Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 20, 1912PublishedCited by 16 opinions

Appeal by the defendant, the Queen Aeroplane Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of Yew York on the 13th day of June, 1912, affirming a judgment of the City Court of the city of Yew York in favor of the plaintiff for $4,316,32, and also affirming an order of the said City Court denying the defendant’s' motion for a new trial; also from an order of the Appellate Term 'affirming an order of the…

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Appeal by the defendant, the Queen Aeroplane Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of Yew York on the 13th day of June, 1912, affirming a judgment of the City Court of the city of Yew York in favor of the plaintiff for $4,316,32, and also affirming an order of the said City Court denying the defendant’s' motion for a new trial; also from an order of the Appellate Term 'affirming an order of the City Court denying a motion to reduce said judgment to the sum of $2,000 and costs. A provision in the order of affirmance…

1Opinion of the Court

Clarke, J.:

The action, brought in the City Court of the city of New York, was for damages for breach of a written contract of employment, and the complaint demanded judgment for a sum of money only, namely, $5,000. The judgment was for $4,316. Thereafter defendant made a motion to reduce the judgment to $2,078.82, which motion was denied. The Appellate Term (77 Misc. Rep. 151) having modified the judgment slightly, and as modified affirmed the same, as well as the order denying the reduction prayed, this appeal is taken.

These appeals bring up for determination the constitutionality of chapter…

2Cases cited16 opinions

  1. Worthington v. London Guarantee & Accident Co.New York Court of Appeals · 1900
  2. Wisconsin Central Railroad v. Taylor CountyWisconsin Supreme Court · 1881
  3. Landers v. . Staten Island R.R. Co.New York Court of Appeals · 1873
  4. Tenement House Department v. MoeschenNew York Court of Appeals · 1904
  5. Popfinger v. . YutteNew York Court of Appeals · 1886

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3Cited by16 opinions

  1. Lotz v. Standard Vulcanite Pan Co.Appellate Terms of the Supreme Court of New York · 1917
  2. T. Blumenthal & Co. v. Theo. Tiedemann & Sons, Inc.Appellate Terms of the Supreme Court of New York · 1922
  3. Tappin v. MacLean, New York County Courts1922
  4. Weis v. RichartzCity of New York Municipal Court · 1927
  5. Margies v. Clyde Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1914

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