Legal Opinion

Marine Midland Trust Co. v. Village of Waverly

New York Supreme Court

Decided August 12, 1963PublishedCited by 5 opinions

1Opinion of the CourtDaniel J. McAvoy, J.

This was a motion by the plaintiff for leave to reargue its motion to strike from defendant’s answer the general denial and counterclaim therein alleged, and for judgment on the pleadings, pursuant to rule 112 of the Rules of Civil Practice, j The motion for leave to reargue was granted and the reargument was heard on July 26,1963 before a Special Term of this court.

Plaintiff in its complaint had alleged a cause of action for moneys due under a written instrument designated as an “ Agreement of Lease ”. The agreement had been entered into with the defendant as “ lessee ” and the Waverly…

2Cases cited17 opinions

  1. Heryford v. DavisSupreme Court of the United States · 1880
  2. Heller v. PopeNew York Court of Appeals · 1928
  3. Wells v. . Town of SalinaNew York Court of Appeals · 1890
  4. Scarborough Properties Corp. v. Village of Briarcliff ManorNew York Court of Appeals · 1938
  5. Gardner v. Town of CameronAppellate Division of the Supreme Court of the State of New York · 1913

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3Cited by5 opinions

  1. West End Tenants Ass'n v. George Washington UniversityDistrict of Columbia Court of Appeals · 1994
  2. Albion Industrial Center v. Town of AlbionAppellate Division of the Supreme Court of the State of New York · 1978
  3. Bulman v. McCraneNew Jersey Superior Court Appellate Division · 1973
  4. Opn. No., New York Attorney General Reports1977
  5. Opn. No., New York Attorney General Reports1980

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