Legal Opinion
Fontheim v. Third Avenue Railway Co.
New York Court of Appeals
Decided November 15, 1939PublishedCited by 3 opinions
1Opinion of the CourtLoughran, J.
Plaintiff, as administratrix, brought this action under section 130 of the Decedent Estate Law (Cons. Laws, ch. 13), to recover damages for the death of her intestate. On her motion, Special Term struck from the defendant’s answer a defense consisting of new matter as being insufficient in law on the face thereof. The Appellate Division reversed and denied the motion. Plaintiff has appealed to this court from the order of the Appellate Division by its permission and now asks our leave to prosecute the appeal as a poor person.
Section 199 of the Civil Practice Act defines “ A poor person ” as…
2Cases cited4 opinions
- Siegelbaum v. DowlingNew York Court of Appeals · 1938
- Beard v. City of BostonMassachusetts Supreme Judicial Court · 1890
- Daus v. NussbergerAppellate Division of the Supreme Court of the State of New York · 1898
- In re CanniceNew York Supreme Court · 1906
3Cited by3 opinions
- In re the Arbitration between SmithNew York Court of Appeals · 1971
- Lubin v. Sydenham Hospital, Inc.New York Supreme Court · 1943
- Kline v. PuniaAppellate Division of the Supreme Court of the State of New York · 1941