Gray v. Fogarty
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order affirmed, with ten doEars costs and disbursements, with leave to plaintiff to serve an amended complaint within ten days on payment of costs. It is Ekely that the complaint states facts sufficient to constitute a cause of action in aEeging that the defendants, some of whom are designated as “ de facto ” officials of the city, conspired together to cause injury to the plaintiff’s property — clothing their acts by the appearance of legaUty but being prompted, as is claimed, by willful and malevolent purposes. (Amer. Bank & Trust Co. v. Federal Bank, 256 U. S. 350; Beardsley v. Kilmer, 236…
2Cases cited12 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- American Bank & Trust Co. v. Federal Reserve Bank of AtlantaSupreme Court of the United States · 1921
- Beardsley v. . KilmerNew York Court of Appeals · 1923
- Tuttle v. BuckSupreme Court of Minnesota · 1909
- Verplanck v. . Van BurenNew York Court of Appeals · 1879
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3Cited by8 opinions
- Griffith v. Bank of New YorkCourt of Appeals for the Second Circuit · 1945
- Collins v. SimonAppellate Division of the Supreme Court of the State of New York · 1939
- Sarine v. MaherNew York Supreme Court · 1946
- Bundt v. EmbroNew York Supreme Court · 1965
- Latoni v. City of New YorkNew York Supreme Court · 1958
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