Meruk v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 23, 1917, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action and the .facts, so far as material, are stated in the opinion. The trial court erred in directing a verdict.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 23, 1917, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action and the .facts, so far as material, are stated in the opinion. The trial court erred in directing a verdict. Plaintiffs failed to establish their allegation that a verified statement complying with the statutory requirements had been filed with the comptroller and that the comptroller had neglected or refused to adjust or settle the claim. This…
1Opinion of the Court
Hiscock, Ch. J.
This action was brought to recover' damages to real property evidenced and measured by loss of rents during the period January 19, 1911, to September 30, 1914, resulting from the repeated flooding of such premises by the overflow from a sewer alleged to have been improperly and negligently constructed by the defendant. While a verdict in plaintiffs’ behalf was directed by the court for damages as claimed, this was done upon a motion made by each side for a directed verdict and, therefore, the action of the trial court, if sustained by evidence, is conclusive upon us in respect…
2Cases cited8 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Smith v. Mayor of New YorkNew York Court of Appeals · 1876
- Reed v. . the StateNew York Court of Appeals · 1888
- Joseph Schlitz Brewing Co. v. ComptonIllinois Supreme Court · 1892
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3Cited by32 opinions
- Thomann v. City of RochesterNew York Court of Appeals · 1931
- Russo Farms, Inc. v. Vineland Board of EducationSupreme Court of New Jersey · 1996
- Holdridge v. Heyer-Schulte Corp. of Santa BarbaraDistrict Court, N.D. New York · 1977
- Goldstein v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1980
- Capruso v. Village of Kings PointNew York Court of Appeals · 2014
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