Maisch 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 a judgment of the Municipal Court of the city of New York in favor of the plaintiff, rendered on the ‘29th day of January, 1909, and also from an order denying the defendant’s motion for a new trial. Also an appeal by the plaintiff, Rudolph Maisch, from an order of the said court, correcting the date of entry of judgment.
1Opinion of the Court
Burr, J.:
This action was brought in the Municipal Court to recover damages to personal property by reason of the overflow of a sewer. The pleadings were oral. After the jury had been impaneled and counsel for plaintiff had opened his ease and a witness had been sworn, and while he was being examined, the corporation counsel interrupted the examination and stated: “ I move to dismiss this action on the ground that there is no complaint indorsed on the summons or the docket of this court as required by section 145 of the Municipal Court Act.” The motion was denied and an exception taken.…
2Cited by4 opinions
- Arker v. CohenAppellate Division of the Supreme Court of the State of New York · 1910
- Di Palma v. QuinnAppellate Terms of the Supreme Court of New York · 1918
- McIntyre v. BorreroAppellate Terms of the Supreme Court of New York · 1926
- Arker v. CohenAppellate Division of the Supreme Court of the State of New York · 1910