Poillon v. . Gerry
New York Court of Appeals
Appeal from a judgment of Appellate Division of the Supreme Court in the first judicial department, entered June 17, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial.
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Appeal from a judgment of Appellate Division of the Supreme Court in the first judicial department, entered June 17, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial. In proceedings for the improvement of the water front on "West street, in the city of Hew York, certain lands belonging to the defendant were taken in inviium, and several awards were made to her, among them being one for $2,500.00, for the buildings mentioned in the lease set forth in the record, under which the…
1Opinion of the CourtWerner, J.
The only exception presented by this record is that taken by the plaintiff to the court’s dismissal of the complaint, and the single question we ■ are called upon to decide is whether, upon the facts established, the plaintiff was entitled to have the case submitted to the jury. .This question is to be determined .in the light of the facts and inferences most favorable to the plaintiff. (McDonald v. Met. St. Ry. Co., 167 N. Y. 68.)
The plaintiff claims to be entitled to the • award of $2,500, which was made to the defendant in the proceedings above referred to. This claim has been prosecuted…
2Cases cited4 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Lewis v. Ocean Navigation & Pier Co.New York Court of Appeals · 1891
- Spears v. . Mayor, Etc., City of N.Y.New York Court of Appeals · 1882
- De Peyster v. . MaliNew York Court of Appeals · 1883
3Cited by13 opinions
- Matter of City of New York (Allen St.)New York Court of Appeals · 1931
- Marraro v. State of New YorkNew York Court of Appeals · 1963
- Queensboro Farm Products, Inc. v. StateNew York Court of Claims · 1956
- Newman v. CommonwealthMassachusetts Supreme Judicial Court · 1957
- Matter of Ny City (G & C Amusements)New York Court of Appeals · 1982
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