McCann v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from an interlocutory judgment of the Supreme. Court in favor of the plaintiff, entered-in the office of the, clerk of the county of New York on the 14th day of April, 1900, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the amended complaint.
1ConcurrenceIngraham, J.
(concurring)-:
As we are concluded by McMahon v. Mayor (22 App. Div. 113) and McCunney v. City of New York (40 id. 482) I concur in the affirmance of this judgment. If the question were an open one in this court, I should have difficulty in arriving at that conclusion. I fully concur with Mr. Justice. Patterson in his opinion upon the question discussed by him, and concur in the affirmance of the judg- . ment as controlled by the cases before cited. , '
Judgment affirmed, with costs, with' leave to defendant within twenty days to withdraw demurrer and answer on payment of costs in this court…
2Cases cited1 opinion
- McMahon v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1897