Vaccarini v. City of New York
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment in favor of the plaintiff rendered in the Municipal Court'of the city of New York, second district, borough of Manhattan.
1Opinion of the CourtGoff, J.
There are three grounds of reversal urged upon this appeal: First, that the defendant city was not sued by its correct title; secondly, that if there is any liability it is chargeable to the rapid transit commission, and, thirdly, that negligence cannot be imputed to the city of Mew York. On the first ground: It is true that the action was entitled incorrectly, but the “ City of New York ” appeared by its “ Counsel to the Corporation ” as attorney for defendant, entered upon and conducted the trial without objection, perfected its appeal and for the first time raises the objection on appeal.…
2Cases cited9 opinions
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Hubbell v. . City of YonkersNew York Court of Appeals · 1887
- Kaveny v. . the City of TroyNew York Court of Appeals · 1888
- Beetz v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by4 opinions
- City of Birmingham v. GreerSupreme Court of Alabama · 1930
- Dunn v. Boise CityIdaho Supreme Court · 1929
- O'Brien v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1918
- Walters v. Dock CommissionOregon Supreme Court · 1928