Legal Opinion

Wenk v. . City of New York

New York Court of Appeals

Decided June 27, 1902PublishedCited by 24 opinions

Appeal, by permission, from a judgment entered March 11, 1902, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which affirmed an interlocutory judgment of Special Term entered upon an order sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint states facts sufficient to constitute a cause of action.

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Appeal, by permission, from a judgment entered March 11, 1902, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which affirmed an interlocutory judgment of Special Term entered upon an order sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint states facts sufficient to constitute a cause of action. (Hendrickson v. City of New York, 160 N. Y. 144; Schwan v. City of New York, 65 App. Div. 420; Vacheron v. City of New York, 34 Misc. Rep. 420; Talcott v. City of…

1Opinion of the CourtWebneb, J.

The courts below sustained a demurrer to the complaint interposed by the defendant, The United States Land and Improvement Company, Limited. The Appellate Division has certified to this court the question: “ Does the complaint state facts sufficient to constitute a cause of action?” That is the only question presented upon this appeal.

The action is brought by a taxpayer of the borough of Brooklyn, city of Hew York, under chapter 301 of the Laws of 1892, to annul certain leases of common and marsh lands located in the. former town of Jamaica, county of Queens, made by the trustees of that town…

2Cases cited5 opinions

  1. Marie v. . GarrisonNew York Court of Appeals · 1880
  2. Bush v. . O'BrienNew York Court of Appeals · 1900
  3. Peck v. . BelknapNew York Court of Appeals · 1892
  4. Williams v. . BoyntonNew York Court of Appeals · 1895
  5. Hendrickson v. . City of New YorkNew York Court of Appeals · 1899

3Cited by24 opinions

  1. Johnson v. New York Life InsuranceSupreme Court of Colorado · 1914
  2. Queens County Water Co. v. MonroeAppellate Division of the Supreme Court of the State of New York · 1903
  3. Tompkins v. PallasNew York Supreme Court · 1905
  4. Blanshard v. City of New YorkNew York Supreme Court · 1931
  5. First National Bank v. MessnerNorth Dakota Supreme Court · 1913

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