Legal Opinion

Town of Pelham v. City of Mount Vernon

New York Court of Appeals

Decided April 17, 1952PublishedCited by 14 opinions

1Opinion of the CourtLewis, J.

A controversy between the plaintiff-appellant, Town of Pelham, and the defendant-respondent, City of Mount Vernon, was submitted to the Appellate Division on an agreed statement of facts. (Civ. Prac. Act, §§ 546-548.) Upon that submission a nonunanimous order of the Appellate Division directed judgment in favor of the plaintiff. The case comes to us upon appeal by the defendant as of right.

In those circumstances, the scope of our review is limited to the stipulated facts and no others. (Manhattan Stor. & Warehouse Co. v. Movers Assn., 289 N. Y. 82, 86.) Stated otherwise: we may determine…

2Cases cited9 opinions

  1. Insurance Co. v. DutcherSupreme Court of the United States · 1877
  2. Carthage Tissue Paper Mills v. Village of CarthageNew York Court of Appeals · 1910
  3. Manhattan Storage & Warehouse Co. v. Movers & Warehousemen's Ass'n of Greater New York, Inc.New York Court of Appeals · 1942
  4. Cohen v. Manufacturers Safe Deposit Co.New York Court of Appeals · 1948
  5. Morehouse v. . WoodruffNew York Court of Appeals · 1916

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3Cited by14 opinions

  1. Roger M. Gordon v. Vincent Youmans, Inc. And Miller Music CorporationCourt of Appeals for the Second Circuit · 1965
  2. Estate of Frances Hatch v. NYCO Minerals, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  3. Myers v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1997
  4. Caliendo v. McFarlandNew York Supreme Court · 1958
  5. Employers Mutual Liability Insurance v. Ætna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1959

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