Legal Opinion
Employers' Liability Assurance Corp., Ltd. v. Daley
New York Court of Appeals
Decided January 8, 1948PublishedCited by 14 opinions
1Opinion of the Court
Judgment affirmed, with costs. Upon this record we disregard, as did the parties and the Appellate Division, any implication from the agreed statement of facts that this is a submitted controversy pursuant to sections 546-548 of the Civil Practice Act. We treat the judgment appealed from as an affirmance by the Appellate Division of a judgment entered upon a decision by Special Term after trial upon agreed facts. We also disregard the facts stipulated by the parties after the decision herein by the Appellate Division, which facts were not before that court.
Concur: Loughran, Ch. J., Lewis,…
2Cited by14 opinions
- Crawford v. Merrill Lynch, Pierce, Fenner & Smith, Inc.New York Court of Appeals · 1974
- City of Birmingham v. WalkerSupreme Court of Alabama · 1958
- Landon v. United StatesCourt of Appeals for the Second Circuit · 1952
- Ferguson v. Green Island Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 1974
- Claim of Cresci v. Mike Krasilousky Trucking Co.Appellate Division of the Supreme Court of the State of New York · 1958
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