Betor v. City of Albany
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Albany, from an order made at a Special Term of the County Court of the county of Albany and entered in the office of the clerk of the county of Albany on the 27th day of March, 1920, sustaining the plaintiff’s demurrer to the defense set forth in the fifth paragraph of defendant’s answer, upon the ground that said defense is insufficient in law on the face thereof.
Read the full summary
Appeal by the defendant, The City of Albany, from an order made at a Special Term of the County Court of the county of Albany and entered in the office of the clerk of the county of Albany on the 27th day of March, 1920, sustaining the plaintiff’s demurrer to the defense set forth in the fifth paragraph of defendant’s answer, upon the ground that said defense is insufficient in law on the face thereof. The issue of law herein was brought on and tried as a contested motion pursuant to section 976 of the Code of Civil Procedure.
1Dissent
Woodward, J.: (dissenting):
The complaint in this action asks for damages to the plaintiff by reason of a fall into an unguarded or defectively protected areaway in Dongan avenue in the city of Albany. The defendant answering denies the material allegations of the complaint and sets up new matter in defense. In the 5th numbered paragraph of the answer it pleads as a defense that the premises where the injury occurred belonged to one O’Neill; that the plaintiff had previously brought an action against the said O’Neill in the City Court and that judgment had been rendered against the plaintiff…
2Cases cited6 opinions
- Cambridge Valley National Bank v. LynchNew York Court of Appeals · 1879
- Spies v. MunroeAppellate Division of the Supreme Court of the State of New York · 1898
- Henn v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1920
- Fox v. FoxAppellate Division of the Supreme Court of the State of New York · 1908
- Keyes v. Lestershire Heights Realty Co.Appellate Division of the Supreme Court of the State of New York · 1915
1 more not listed; retrieve them via the Exa API.