Legal Opinion
Lewittes & Sons, Inc. v. Perlow
Appellate Division of the Supreme Court of the State of New York
Decided April 29, 1938PublishedCited by 5 opinions
1Opinion of the CourtO’Malley, J.
Involved herein are two questions, (1) the propriety of directing the entry of judgment incorporated in an order confirming a referee’s report assessing damages under a bond given on the obtaining of an injunction, and (2) whether the referee was justified in awarding damages for certain items.
*95Statutes are generally to be construed as prospective only, even if remedial, where a new right is established. (Jacobus v. Colgate, 217 N. Y. 235, 240.) Here action was commenced and the bond given before the effective date of section 876-a of the Civil Practice Act, and the obligation of the surety…
2Cases cited7 opinions
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- Youngs v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1900
- Youngs v. . McDonaldNew York Court of Appeals · 1901
- Micamold Radio Corp. v. BeedieNew York Supreme Court · 1935
- Whiteside v. Noyac Cottage Ass'nNew York Supreme Court · 1895
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3Cited by5 opinions
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990
- Lefkowitz v. ParkerAppellate Division of the Supreme Court of the State of New York · 1971
- Bausch & Lomb Inc. v. Hydron Pacific, Ltd.New York Supreme Court · 1975
- Gleason v. GleasonAppellate Division of the Supreme Court of the State of New York · 1969
- Titus v. Rolls-Royce Ltd.Appellate Division of the Supreme Court of the State of New York · 1991