Legal Opinion

Ponsrok v. City of Yonkers

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1929Published

1Opinion of the Court

— Order of the County Court of Westchester county, and order as resettled, denying defendant’s motion for judgment on the pleadings, reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. While we recognize that this court has held in Place v. City of Yonkers (43 App. Div. 380) that a verification similar to the one at bar was sufficient, we are constrained, in light of the holding of the Court of Appeals in Kingston v. M. S. Construction Corporation (249 N. Y. 533), to hold that this verification is insufficient. We have not overlooked…

2Cases cited2 opinions

  1. Kingston v. M.S. Construction CorporationNew York Court of Appeals · 1928
  2. Place v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1899

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