City or Mount Vernon v. East Hudson Parkway Authority
New York Supreme Court
1Opinion of the CourtGeorge M. Fanelli, J.
This is a motion by defendants to dismiss a complaint, prior to the service of an answer; upon the following grounds: (1) that the court does not have jurisdiction of the person of defendants; (2) that the court does not have jurisdiction of the subject matter of the cause of action; (3) that insofar as plaintiff has brought the action in a representative capacity, plaintiff does not have legal capacity to sue; and (4) that the complaint fails to state a cause of action, and, is, therefore, legally insufficient.
The action is brought by the City of Mount Vernon against the East Hudson Parkway…
2Cases cited7 opinions
- Rindge Co. v. County of Los AngelesSupreme Court of the United States · 1923
- Defiance Milk Products Co. v. Du MondNew York Court of Appeals · 1956
- Matter of City of New York (Ely Avenue)New York Court of Appeals · 1916
- Matter of City of Rochester v. . HoldenNew York Court of Appeals · 1918
- Ontario Knitting Co. v. . StateNew York Court of Appeals · 1912
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3Cited by9 opinions
- In re Port of New York AuthorityNew York Court of Appeals · 1966
- County of Orange v. Metropolitan Transportation AuthorityNew York Supreme Court · 1971
- Brandon Shores, Inc. v. Incorporated VillageNew York Supreme Court · 1971
- New York State Thruway Authority v. HurdAppellate Division of the Supreme Court of the State of New York · 1968
- Cinco v. City of New YorkNew York Supreme Court · 1968
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