Legal Opinion

Department of Buildings v. Field

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 1 opinion

Submission of a controversy upon an agreed .statement of facts pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the CourtPatterson, J.

In the condition of the agreed statement of facts as it is presented to us, this matter cannot be considered. It is specifically stated that Mr. Elbridge T. .Gerry is the present owner of the premises mentioned in- the submission. All that is stated with reference to the defendant Field, is, that he became the owner of the property in its' existing condition; but that does not show that he is the owner of the property and that the proceeding is taken against the owner. As we are not authorized to draw any inferences or to import anything into the submission, we cannot act on these papers, but…

2Cited by1 opinion

  1. Herkimer County Light & Power Co. v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1899

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