Ventimiglia v. . Eichner
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 27, 1913, reversing a judgment in favor of defendant entered upon a decision of the court on trial at Special Term and granting a new trial. The nature o'f the action and the facts, so far as material, are stated in the opinion. The Appellate Division of the Supreme Court was without power to reverse the judgment of the trial court.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 27, 1913, reversing a judgment in favor of defendant entered upon a decision of the court on trial at Special Term and granting a new trial. The nature o'f the action and the facts, so far as material, are stated in the opinion. The Appellate Division of the Supreme Court was without power to reverse the judgment of the trial court. (Ross v. Caywood, 162 N. Y. 259.)
1Opinion of the CourtWerner, J.
The action is to set aside a certain tax lease issued by the comptroller of the city of New York to the defendant under a sale in October, 1906, of the plaintiff’s premises for the unpaid taxes of 1900 and 1901 and for unpaid Croton water rents for the years 1898 and 1900. The validity of this lease is challenged on several grounds which need not be discussed at this time because there is a question of practice upon which we must dispose of the case.
After issue had been joined, the case was brought to trial at a Special Term of the Supreme Court. Both parties offered evidence pertinent to the…
2Cases cited5 opinions
- Smith v. . GeigerNew York Court of Appeals · 1911
- Gilman v. Augustus PrenticeNew York Court of Appeals · 1892
- Kent v. Common Council of BinghamtonAppellate Division of the Supreme Court of the State of New York · 1904
- People ex rel. Havron v. DaltonAppellate Division of the Supreme Court of the State of New York · 1902
- Edinger v. McAvoyAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by11 opinions
- Metropolitan Life Insurance v. Union Trust Co.New York Court of Appeals · 1945
- Smith v. . State of New YorkNew York Court of Appeals · 1915
- Minner v. . MinnerNew York Court of Appeals · 1924
- Fuller v. GaleotaAppellate Division of the Supreme Court of the State of New York · 1944
- Cardwell v. ClarkNew York Supreme Court · 1916
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