Sutter v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles Sutter, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 19th day of April, 1905, vacating a judgment theretofore entered in the action in favor of the plaintiff and restoring the case to the calendar for trial.
1Opinion of the Court
Miller, J.:
Nine so-called “ water cases,” including the case at bar, were placed on the day calendar for trial at Special Term, and when called were announced to be “ready” by both sides, pursuant to an arrangement between the attorneys to try all the cases before the same justice. At the conclusion of the evidence in the first case the justice presiding announced that upon the authority of a case *130recently decided by this court* he would decide in favor of the plaintiff and reserve the question of damages for further consideration ; whereupon counsel for the defendant moved for a postponement…
2Cases cited1 opinion
- Sutherland v. St. Lawrence CountyAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by5 opinions
- Herbert Land Co. v. LorenzenAppellate Division of the Supreme Court of the State of New York · 1906
- Demuth v. KempAppellate Division of the Supreme Court of the State of New York · 1911
- Kugelman v. KatzAppellate Terms of the Supreme Court of New York · 1915
- Mixer v. AdamNew York Supreme Court · 1911
- Thorburn v. GatesAppellate Division of the Supreme Court of the State of New York · 1917