Legal Opinion
Byer v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided December 16, 1975PublishedCited by 11 opinions
1Opinion of the Court
Order and judgment, Supreme Court, New York County, entered April 10, 1975 and May 6, 1975, dismissing the plaintiff-appellant’s complaint, unanimously reversed, on the law, without costs, and without disbursements, the judgment vacated, and the defendants directed to serve an answer. Prior to answer the defendant-respondent moved under CPLR 3211 (subd [a]) to dismiss the complaint on several grounds, all but one of which were denied by Special Term. It granted dismissal on the ground of waiver and estoppel; that the plaintiff had relinquished a right that, although unknown to him, ought to…
2Cases cited4 opinions
- Alsens American Portland Cement Works v. Degnon Contracting Co.New York Court of Appeals · 1917
- Municipal Metallic Bed Manufacturing Corp. v. DobbsNew York Court of Appeals · 1930
- Campbell v. LindsayAppellate Division of the Supreme Court of the State of New York · 1975
- Campbell v. LindsayNew York Supreme Court · 1974
3Cited by11 opinions
- Retail Store Employees Union, Local 1001 v. Washington Surveying & Rating BureauWashington Supreme Court · 1976
- McKechnie v. OrtizAppellate Division of the Supreme Court of the State of New York · 1987
- Herberg v. PeralesAppellate Division of the Supreme Court of the State of New York · 1992
- In Re WinerUnited States Bankruptcy Court, S.D. New York · 1984
- Incorporated Village v. Guardian Federal Savings & Loan Ass'nNew York Supreme Court · 1976
6 more not listed; retrieve them via the Exa API.