Kay v. Monroe
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants from a judgment of the Supreme Court, entered in the office of the clerk of Kings county on the 26th day of May, 1904, in favor of the plaintiff.
1Opinion of the Court
Jenks, J.:
I am of opinion that our decision upon the appeal from the order granting the plaintiff’s motion for an injunction pendente lite determines this appeal from the judgment. In the opinion written for the court by Hirschberg, P. J. (93 App. Div. 484) the conclusion was reached that the papers before the court at Special Term tended to establish that the commissioner so limited the bids for the larger number of meters as practically to exclude competition. The same “papers” were read in evidence at the trial, and were supplemented only by testimony which the plaintiff offered to show…
2Cases cited1 opinion
- Kay v. MonroeAppellate Division of the Supreme Court of the State of New York · 1904