Legal Opinion
Howard Oil Co. v. Morris
Civil Court of the City of New York
Decided June 16, 1977PublishedCited by 7 opinions
1Opinion of the CourtHerbert A. Posner, J.
There was a time when the successful practice of law meant being knowledgeable and capable of taking advantage of every available procedural device to secure a judgment even though the action was without merit. Fortunately, the prevailing view today is for "substance” over "form”. The present day bible of procedural law, the CPLR, spells this philosophy out in the very beginning of the act. CPLR 104 states "The civil practice law and rules shall be liberally construed to secure the just, speedy, and inexpensive determination of every civil judicial proceeding”. (Emphasis supplied.)
Plaintiff…
2Cases cited6 opinions
- McClelland v. Climax Hosiery MillsNew York Court of Appeals · 1930
- In Matter of City of BuffaloNew York Court of Appeals · 1879
- In re a Majority of Board of Directors of Automatic Chain Co.Appellate Division of the Supreme Court of the State of New York · 1909
- United Industrial Corp. v. ShreiberAppellate Division of the Supreme Court of the State of New York · 1976
- Bouxsein v. BialoAppellate Division of the Supreme Court of the State of New York · 1970
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ruben v. American & Foreign InsuranceAppellate Division of the Supreme Court of the State of New York · 1992
- Rivera v. LaporteNew York Supreme Court · 1983
- Heimbach v. MuellerNew Jersey Superior Court Appellate Division · 1988
- Silberstein v. Presbyterian HospitalAppellate Division of the Supreme Court of the State of New York · 1983
- Beverly Hills, P.C. v. AIG InsuranceNassau County District Court · 2003
2 more not listed; retrieve them via the Exa API.