Lindenheim v. New York Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The New York Elevated Railroad Company and. another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of December, 1897, granting the plaintiffs motion for leave to serve an “ amended supplemental complaint;”
1Opinion of the Court
Patterson, J.:. By the order appealed from in-this case the plaintiff was allowed to serve what is called an amended supplemental complaint in an action originally brought by one Ferber for an injunction and damages against the defendants, who maintained and operated an elevated railway in front of certain premises on Ninth avenue in the city of New York. Ferber’s complaint contained the usual allegations in actions of that character; the defendants interposed their answer, and the cause was at issue between the then parties to the suit. Pending the action, and in April, 1891, Ferber conveyed…
2Cases cited2 opinions
- Hutton v. Metropolitan Elevated Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Bowery National Bank v. . DuryeeNew York Court of Appeals · 1878
3Cited by4 opinions
- Pope v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Hunt v. Provident Savings Life Assurance SocietyAppellate Division of the Supreme Court of the State of New York · 1902
- Fortunato v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
- Pope v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903