Kent v. Village of North Tarrytown
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Village of North Tarrytown, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the Ifth day of September, 1899, upon the decision of the court rendered after a trial at the Orange Special Term, and also from an order entered in said clerk’s office on the 27th day of January, 1899, sustaining the plaintiff’s demurrer to the third and separate defense to…
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Appeal by the defendant, The Village of North Tarrytown, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the Ifth day of September, 1899, upon the decision of the court rendered after a trial at the Orange Special Term, and also from an order entered in said clerk’s office on the 27th day of January, 1899, sustaining the plaintiff’s demurrer to the third and separate defense to the first cause of action, and the demurrer to the third and separate defense to the second cause of action contained in…
1Opinion of the Court
Hatch, J.:
So far as the plaintiff’s demurrer to the separate answers of the defendant is concerned, the opinion which was delivered by the learned court below is entirely satisfactory upon such question. We adopt it as the opinion of this court in answer to the claim in this respect made by the defendant.* The defendant, upon this appeal, however, attacks the complaint, and claims that it is bad in that it does not state a cause of action. The right to attack the complaint for insufficiency is clearly given. (Baxter v. McDonnell, 154 N. Y. 432.) The learned court below, in disposing of the…
2Cases cited7 opinions
- Baxter v. . McDonnellNew York Court of Appeals · 1897
- Kramrath v. . City of AlbanyNew York Court of Appeals · 1891
- Port Jervis Water Works Co. v. Village of Port JervisNew York Court of Appeals · 1896
- Matter of Taxpayers of PlattsburghNew York Court of Appeals · 1898
- Kip v. . City of BuffaloNew York Court of Appeals · 1890
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3Cited by4 opinions
- Reynolds v. President of the Village of OssiningAppellate Division of the Supreme Court of the State of New York · 1905
- Shedrick v. Board of Health of the Consolidated DistrictNew York Supreme Court · 1953
- Griffith v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- Reynolds v. President & Trustees of the Village of OssiningAppellate Division of the Supreme Court of the State of New York · 1905