Belmont v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Albert Belmont, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 26th day of October, 1917, dismissing the complaint at the opening of plaintiff’s case.
1Opinion of the Court
Jenks, P. J.:
The appeal is from a judgment of nonsuit at the outset of the trial. The practice was proper (Kelly v. Security Mutual Life Ins. Co., 186 N. Y. 16), and if the complaint was for *718negligence and limitation was well pleaded the judgment was right. But the appellant contends that as the complaint was for nuisance, the Statute of Limitations invoked by the defendant, even if well pleaded, did not apply, and also if the complaint was for negligence there was no proper plea of the statute. While the distinction between negligence and nuisance “ is narrow in basis and operation ” (Herman…
2Cases cited11 opinions
- Clark v. . DillonNew York Court of Appeals · 1884
- Kelly v. . Security Mutual Life Ins. Co.New York Court of Appeals · 1906
- Herman v. . City of BuffaloNew York Court of Appeals · 1915
- Van Hook v. WhitlockNew York Supreme Court · 1841
- Van Hook v. WhitlockNew York Court of Chancery · 1839
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Steele v. Locke Cotton Mills Co.Supreme Court of North Carolina · 1950
- County of Du Page v. KusselAppellate Court of Illinois · 1973
- Corneilson v. SowlesAppellate Division of the Supreme Court of the State of New York · 1977
- Belmont v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1920
- Thompson v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2013
1 more not listed; retrieve them via the Exa API.