Bomptin Realty Co. v. City of New York

The memorandum decision upon the appeal (275 App. Div. 843) permits, and perhaps requires, the inference that the complaint states a cause of action; it was, necessarily, examined to determine the nature of the action which was disputed below. That inquiry must have included such a consideration of its contents that when it was directed that the trial should proceed it should be inferred that it was thereby decided that the complaint states a cause of action at law. The trial now having been concluded, and the plaintiff having abandoned any claim for equitable relief, damages claimed are for…