Gaynor v. . Village of Port Chester
New York Court of Appeals
Appeal from a judgment, entered November 18, 1916, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which modified an order of Special Term overruling a demurrer to the complaint so as to sustain the demurrer and dismiss the complaint as to the second and third causes of action. The special act in so far as it attempts to authorize any recovery upon the second and third causes of action is unconstitutional.
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Appeal from a judgment, entered November 18, 1916, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which modified an order of Special Term overruling a demurrer to the complaint so as to sustain the demurrer and dismiss the complaint as to the second and third causes of action. The special act in so far as it attempts to authorize any recovery upon the second and third causes of action is unconstitutional. (State Const, art. 3, § 16.) “ No private or local bill shall embrace more than one subject and that shall be expressed in the title.”…
1Per curiam
This appeal' involves the further-consideration of chapter 513, Laws of 1911, entitled: “An Act to legalize the acts and proceedings of the board of trustees of the village of Port Chester in contracting for and authorizing the determination .of the amount of unpaid taxes and assessments and for establishing and putting into effect improved methods of accounting for such village, to legalize the services performed under such contract or in connection therewith, and to authorize the board of trustees . to make payment therefor if able to agree upon the amount due, and otherwise, to authorize…
2Cases cited4 opinions
- Matter Appl'n Mayor, Etc., of City of N.Y.New York Court of Appeals · 1885
- Wrought Iron Bridge Co. v. Town of AtticaNew York Court of Appeals · 1890
- Economic Power & Construction Co. v. City of BuffaloNew York Court of Appeals · 1909
- Gaynor v. . Village of Port ChesterNew York Court of Appeals · 1920
3Cited by2 opinions
- Greene v. DunscombNew York Court of Appeals · 1939
- In re MitrioneNew York Supreme Court · 1961