Legal Opinion

New York Catholic Protectory v. Rockland County

New York Court of Appeals

Decided July 14, 1914PublishedCited by 21 opinions

Appeal,^ by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 9, 1913, which reversed an order of Special Term granting a motion by plaintiff for judgment in its favor upon the pleadings and denied said motion. The nature of the action, the facts, so far as material, and the question certified are stated in the opinion. The complaint herein states facts sufficient to constitute a cause of action.

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Appeal,^ by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 9, 1913, which reversed an order of Special Term granting a motion by plaintiff for judgment in its favor upon the pleadings and denied said motion. The nature of the action, the facts, so far as material, and the question certified are stated in the opinion. The complaint herein states facts sufficient to constitute a cause of action. (Kennedy v. County of. Queens, 47 App. Div. 250; People ex rel. Goodwin v. Coler, 48 App. Div. 492; People ex rel. Martin v.…

1Opinion of the CourtMiller, J.

The question certified is whether the complaint states facts sufficient to constitute a cause of action. The action is brought to recover for the care, maintenance, education and support of certain minor children, committed to the plaintiff’s institution by judicial officers of the defendant.

The County Law expressly provides for the bringing of actions or special proceedings by or against the county in the name of the county (Laws of 1909, .chap. 16, article 2, section 1); and we regard it as now settled by authority that an action may be maintained against a county. (Freel v. County of…

2Cases cited9 opinions

  1. Osterhoudt v. . RigneyNew York Court of Appeals · 1885
  2. People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
  3. People Ex Rel. Johnson v. Board of SupervisorsNew York Court of Appeals · 1871
  4. People v. . SutherlandNew York Court of Appeals · 1912
  5. People Ex Rel. Brown v. . B'd of Apportionm't.New York Court of Appeals · 1873

4 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
  2. Stetler v. . McFarlaneNew York Court of Appeals · 1921
  3. People Ex Rel. Desiderio v. . ConollyNew York Court of Appeals · 1924
  4. Matter of Guarino v. AndersonNew York Court of Appeals · 1932
  5. Hiscox v. HolmesAppellate Division of the Supreme Court of the State of New York · 1934

16 more not listed; retrieve them via the Exa API.

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