Guttag v. . Shatzkin
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 24, 1920, which reversed an order of Special Term denying a motion by plaintiff for judgment on the pleadings and granted said motion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 24, 1920, which reversed an order of Special Term denying a motion by plaintiff for judgment on the pleadings and granted said motion. The action was in ejectment and alleged that the defendant was unlawfully and without permission of plaintiff in possession of an apartment in a building belonging to plaintiff and unlawfully withheld the same from plaintiff’s use. Defendant demurred on the ground that the complaint did not state facts sufficient to constitute…
1Opinion of the CourtCrane, J.
I agree with much that has been said by Pound, J., in People ex rel. Durham Realty Corporation v. La Fetra and in his result but desire to add the following reasons for my own conclusion.
The late war caused the difficulty which the New York state legislature, by these laws, has sought to ameliorate in so far as applicable to the city of New York. In the exercise of the war powers the railroad facilities of the country were taken over by the federal government. Shipments of all material were restricted or prohibited and the labor market was depleted by the withdrawal of mechanics and laborers…
2Cases cited10 opinions
- Hamilton v. Kentucky Distilleries & Warehouse Co.Supreme Court of the United States · 1919
- Union Dry Goods Co. v. Georgia Public Service Corp.Supreme Court of the United States · 1919
- Wilson v. NewSupreme Court of the United States · 1917
- American Land Co. v. ZeissSupreme Court of the United States · 1911
- Dakota Central Telephone Co. v. South Dakota Ex Rel. PayneSupreme Court of the United States · 1919
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Marcus Brown Holding Co. v. FeldmanSupreme Court of the United States · 1921
- People Ex Rel. Durham Realty Corp. v. La FetraNew York Court of Appeals · 1921
- Blaisdell v. Home Building & Loan Ass'nSupreme Court of Minnesota · 1933
- Claim of Schmidt v. Wolf Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1945
- Edgar A. Levy Leasing Company, Inc. v. . SiegelNew York Court of Appeals · 1921
17 more not listed; retrieve them via the Exa API.