Punsky v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeals by the defendant, The City of New York, from two judgments of the Municipal Court of the city of New York in favor of the plaintiff.
1Opinion of the Court
Gaynor, J.:
These two actions were for damages against the city, one for flooding the plaintiff’s cellar on October 9tli, 1903, and the other on August 10th, 1904, and were tried together. The prayer for damages in each was for $500, and the amount allowed in one was $346.25 and in the other $369.75. How the plaintiff was allowed to prevail passes credulity. If everything or anything had to be believed in court simply because there is no witness to contradict it, the administration of justice would be a pitiable affair. The testimony of the plaintiff is that he was in the cork business in this…
2Cases cited1 opinion
- Smith v. Mayor of New YorkNew York Court of Appeals · 1876
3Cited by13 opinions
- Beck v. City of New YorkNew York Supreme Court · 1960
- Brennan v. Bauman & Sons Buses, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Ackerman v. AckermanNew York Supreme Court · 1962
- Fondiller v. FondillerNew York Supreme Court · 1944
- Solomon v. SolomonNew York Family Court · 1947
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