Legal Opinion

Garibaldi v. City of Yonkers

New York Supreme Court

Decided April 13, 1949PublishedCited by 2 opinions

1Opinion of the CourtFlannery, J.

Of plaintiff’s five points, two have no relevance here because any alleged default or delay of the defendant in the preparation or execution of the executory contract of sale was waived by plaintiff’s and his assignor’s action thereon and if any of the alleged public acts or remarks of the officials, employees or agents of defendant did harm to plaintiff they were acts and remarks within their and defendant’s legal right, done and made without malice, and no cause of action in tort accrued to plaintiff from said acts, remarks and harm, if any. On those two plaintiff can have no relief. Nor…

2Cases cited23 opinions

  1. Decker v. . GardnerNew York Court of Appeals · 1891
  2. Pringle v. . WoolworthNew York Court of Appeals · 1882
  3. Kincaid v. . DwinelleNew York Court of Appeals · 1875
  4. Greenblatt v. . HermannNew York Court of Appeals · 1894
  5. Clark v. TaylorCourt of Appeals for the Second Circuit · 1947

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3Cited by2 opinions

  1. Meltzer v. GraziAppellate Division of the Supreme Court of the State of New York · 1960
  2. In re the Voluntary Dissolution of Hy-Lite Plastics, Inc.New York Supreme Court · 1957

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