Legal Opinion · Dissent

Kasitch v. City of Albany

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

Decided March 6, 1940Published

1DissentSchenck, J.

Were this a case of first impression, the order under review might very well be affirmed, especially inasmuch as the answer has cast upon the plaintiff the burden of proving facts which can most easily be established by those officials of the city whose examination is sought. But the question is no longer an open one for this court, in view of the decisions in Davidson v. City of New York (221 N. Y. 487) and Bush Terminal Co. v. City of New York (259 id. 509). “ Stare decisis guides the courts ” (Matter of Laudy, 161 N. Y. 429, 435), as it did when Weinberg v. City of Troy (256 App. Div.…

2Cases cited15 opinions

  1. Graves v. New York Ex Rel. O'KeefeSupreme Court of the United States · 1939
  2. Matter of Grifenhagen v. . OrdwayNew York Court of Appeals · 1916
  3. Davidson v. . the City of New YorkNew York Court of Appeals · 1917
  4. In Re the Probate of the Last Will & Testament of LaudyNew York Court of Appeals · 1900
  5. Central Trust Co. v. FalckAppellate Division of the Supreme Court of the State of New York · 1917

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