Legal Opinion

Spa Baths Co. v. Board of Commissioners

New York Supreme Court

Decided January 15, 1917PublishedCited by 7 opinions

Motion under section 756 of the Code of Civil Procedure for an order of substitution.

1Opinion of the CourtWhitmyer, J.

The action has been brought to recover damages for breach of contract. After it was *400commenced, defendant was legislated out of office and the ‘ ‘ State Reservation at Saratoga Springs ’ ’' was created in its place. Plaintiff is now moving, under section 756 of the Code of Civil Procedure, to substitute the reservation as defendant in the place of the present defendant. An order to that effect is authorized only: “ In case of a transfer of interest, or devolution of liability.” Under Laws of 1909, chapter 569, a reser- . vation was created at Saratoga Springs and provision was made-for the…

2Cases cited2 opinions

  1. Burks v. . BossoNew York Court of Appeals · 1905
  2. In Re the Appraisal Under the Transfer Tax Act of the Estate of HoopleNew York Court of Appeals · 1904

3Cited by7 opinions

  1. Sadigur v. StateNew York Court of Claims · 1940
  2. Durant v. WhedonAppellate Division of the Supreme Court of the State of New York · 1922
  3. Sunlit Gardens, Inc. v. MooreNew York Supreme Court · 1944
  4. Nicholoulias v. Regent Restaurant, Inc.New York Supreme Court · 1940
  5. Spa Baths Co. v. Board of Commissioners of State Reservation at Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 1917

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