Kamenitsky v. Corcoran
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas F. Corcoran, from a determination and order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 17th day of November, 1916, reversing an order of the City Court of the City of New York which granted defendant’s motion for judgment on the pleadings, and denying defendant’s motion.
1Opinion of the Court
Shearn, J.:
The complaint attempts to set forth a cause of action to recover moneys paid by the plaintiff to defendant without consideration and under duress. Plaintiff alleges that defendant was the owner of a saloon located on a street comer; that plaintiff was duly licensed by the city of New York to maintain a newsstand on the said comer; that no part of said newsstand was located on, or abutted on, the defendant’s premises, but was located wholly on property of the city of New York; that plaintiff conducted the business of selling newspapers and periodicals at said newsstand. The…
2Cases cited3 opinions
- Radich v. HutchinsSupreme Court of the United States · 1877
- Williams v. Rutherfurd Realty Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Oregon Pacific Railroad v. ForrestNew York Court of Appeals · 1891
3Cited by30 opinions
- Cullen v. MargiottaCourt of Appeals for the Second Circuit · 1987
- Baratta v. KozlowskiAppellate Division of the Supreme Court of the State of New York · 1983
- Carol Overall v. Estate of L.H.P. KlotzCourt of Appeals for the Second Circuit · 1995
- Pacchiana v. PacchianaAppellate Division of the Supreme Court of the State of New York · 1983
- In re the Estate of WeltonNew York Surrogate's Court · 1931
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