Maisch v. . City of New York
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 3,1908, which reversed an order of Special Term denying a motion for retaxation of costs, and granted such motion. The facts, so far as material, and the question certified are stated in the opinion. The County Court of Kings county has jurisdiction of actions against the city of New York. (Code Civ.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 3,1908, which reversed an order of Special Term denying a motion for retaxation of costs, and granted such motion. The facts, so far as material, and the question certified are stated in the opinion. The County Court of Kings county has jurisdiction of actions against the city of New York. (Code Civ. Pro. §§ 340, 341; Rosenstock v. City of New York, 97 App. Div. 337; 181 N. Y. 550.) The County Court of Kings county has no jurisdiction of actions against the city…
1Opinion of the CourtVann, J.
This action was brought in the Supreme Court, the venue being laid in Kings county, to recover damages for the alleged negligence of the defendant in so constructing a public sewer as to injure the property of the plaintiff by causing water to flow into his cellar. Upon the trial a verdict w-as rendered in favor of the plaintiff for the sum of $341.25, and thereupon his counsel presented a bill of costs to the clerk for taxation, but the defendant objected to the allowance of any part thereof upon the ground that the action could have been brought in the County Court of Kings county and that…
2Cases cited1 opinion
- O'Connor v. . City of New YorkNew York Court of Appeals · 1908
3Cited by12 opinions
- Uvalde Asphalt Paving Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- Gallup v. Sacramento & San Joaquin Drainage DistrictCalifornia Supreme Court · 1915
- Wachtel v. Diamond State Engineering Corp.Appellate Division of the Supreme Court of the State of New York · 1925
- City of Grand Prairie v. State Ex Rel. CrouchCourt of Appeals of Texas · 1954
- Mayor of Arlington v. CalhounSupreme Court of Georgia · 1918
7 more not listed; retrieve them via the Exa API.