Legal Opinion

Rosenstock v. . City of New York

New York Court of Appeals

Decided April 25, 1905PublishedCited by 7 opinions

Appeal, by permission, from a judgment entered January 24, 1905, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which affirmed a judgment of the Municipal Court of the city of New York sustaining a demurrer to the complaint.

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Appeal, by permission, from a judgment entered January 24, 1905, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which affirmed a judgment of the Municipal Court of the city of New York sustaining a demurrer to the complaint. The following questions were certified : “ (1) Does the complaint herein state facts sufficient to constitute a cause of action ? “ (2) Is the salary of a police officer of the city of New York subject to the provisions of section 1391 of the Code of Civil Procedure, as amended by chapter 461 of the Laws of 1903, in so far…

1Opinion of the Court

Judgment affirmed, with costs, on opinion below. Questions certified answered in the negative.

Concur: Cullen, Ch. J., O’Brien, Bartlett, Yann and Werner, JJ. Not voting: Haight, J. Absent: Gray, J.

2Cited by7 opinions

  1. In re the Estate of SitkinNew York Surrogate's Court · 1934
  2. Harbison v. PropperNew York Supreme Court · 1920
  3. Marriott v. StateNew York Court of Claims · 1945
  4. Westchester Asphalt Distributing Corp. v. Yonkers Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1957
  5. Lutkins v. LutkinsNew York Supreme Court · 1914

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