Erving v. . Mayor, Etc., of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made October 10, 1891, which affirmed a judgment in favor of plaintiff entered upon an order of Special Term overruling defendant’s answer as frivolous, and directing judgment for plaintiff. The nature of the action and the facts, so far as material,, are stated in the opinion. The question involved in this appeal has been determined by this court.
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Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made October 10, 1891, which affirmed a judgment in favor of plaintiff entered upon an order of Special Term overruling defendant’s answer as frivolous, and directing judgment for plaintiff. The nature of the action and the facts, so far as material,, are stated in the opinion. The question involved in this appeal has been determined by this court. (Moore v. Loew, 105 N. Y. 666.) The order of the Superior Court striking out certain parts of the answer as sham was correct, and should…
1Opinion of the CourtO’Brien, J.
In this case certain parts of the defendant’s answer were stricken out as sham and the rest of it overruled as frivolous and judgment ordered for the plaintiff for the sum demanded in the complaint. The defendant appealed from the order which thus disposed of its answer and also from the judgment. The plaintiff claimed that the defendant was indebted to him in the sum of $1,0.00, and the interest thereon, that being the amount deposited by him in the form of a certified check, with the proper officer, under the laws and ordinances governing the letting of contracts in the city of New York for…
2Cited by20 opinions
- Rottkamp v. YoungAppellate Division of the Supreme Court of the State of New York · 1964
- Molloy v. . City of New RochelleNew York Court of Appeals · 1910
- Picone v. City of New YorkNew York Supreme Court · 1941
- City of New York v. Seely-Taylor Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Gottfried Baking Co. v. AllenNew York Supreme Court · 1964
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