Saratoga State Waters Corp. v. . Pratt
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered October 5, 1918, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The fairness of the lease is not in issue. There is no evidence to show unfairness.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered October 5, 1918, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The fairness of the lease is not in issue. There is no evidence to show unfairness. The former commissioners were sole judges of the terms and their action cannot be reviewed. (People v. Stephens, 71 N. Y. 527; People ex rel. Graves v. Sohmer, 207 N. Y.…
1Opinion of the CourtCollin, J.
The plaintiff, a domestic corporation, seeks the judgment that it is entitled to the possession of the property described in the complaint, that the defendant deliver to it and be enjoined from interfering with it in taking the possession, and that it recover the damages sustained by reason of its exclusion from the property. The Special Term, by its decision on trial, granted the judgment. The Appellate Division reversed the judgment in a non-unanimous decision and granted a new trial. The plaintiff, stipulating that judgment absolute be rendered against it in case we affirm the the judgment…
2Cases cited21 opinions
- Farrington v. TennesseeSupreme Court of the United States · 1878
- Tindal v. WesleySupreme Court of the United States · 1897
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
- Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Hills v. MillerNew York Court of Chancery · 1831
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3Cited by39 opinions
- Loch Sheldrake Associates, Inc. v. EvansNew York Court of Appeals · 1954
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- Thomson v. WadeNew York Court of Appeals · 1987
- Brooklyn Eastern Dist. Terminal v. City of New YorkCourt of Appeals for the Second Circuit · 1944
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