Court Cases

Dockets from the federal courts, the state courts and the agencies, with every filing PlainSite has been able to collect. Start with what people are reading this month, watch filings arrive, or browse by state, type, year or reporter.

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546,498
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The hundred cases PlainSite readers opened most in the past 30 days.

2
Illinois Northern District Court · No. 1:93-cv-04483 · 2,630 views
Nigerian President-Elect Bola Ahmed Tinubu was named as the owner of several bank accounts that were used to launder money for a heroin distribution network in Chicago, IL in the early 1990s. The members of the heroin ring were criminally charged in a separate case, Northern District of Illinois Case No. 2:92-cr-00113-RL. For unknown reasons, Tinubu was not. Instead, the U.S. Government seized the contents of the bank accounts based on several different seizure warrants across three different dockets, of which this is one. The other two, from 1992, are in the Southern District of New York and a separate docket in the Northern District of Illinois—both with unknown case numbers since the documents pre-date the federal court's PACER system by so many years. In total, about $2.4 million USD was seized from Tinubu's global bank accounts pursuant to these seizure warrants. While working for Mobil Oil Company in Nigeria, Tinubu used a variety of shell companies to move the money around, including Compass Finance & Investment Co., incorporated in Washington, D.C. Though he was not charged, Tinubu committed at least five federal crimes, according to the IRS Special Agent's affidavit in this case: 1) Money laundering (18 U.S.C. § 1956); 2) Using funds from unlawful activity (18 U.S.C. § 1957); 3) Bank fraud (18 U.S.C. § 1344); 4) Failure to file tax returns (26 U.S.C. § 7203); and 5) Lying to federal agents (18 U.S.C. § 1001). Tinubu was elected to be the next President of Nigeria in February 2023.
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5
New Jersey District Court · No. 2:33-av-00001 · 570 views
This is a general administrative docket used by the New Jersey District Court to post new complaints. It's not actually a real lawsuit.
6
District Of Columbia District Court · No. 1:23-cv-01816-BAH · 430 views
Based on the fact that a 1993 civil forfeiture lawsuit became one of the most popular dockets on PlainSite, PlainSite founder Aaron Greenspan sued six United States government agencies over their denial of FOIA requests and subsequent administrative appeals about Nigerian President Bold Tinubu, newly elected as of May 2023 in a highly controversial election.
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11
This case was brought before the court because Justin R. Dhooghe found out about an affair between his then fiance Laura V. Rivera and Charles W. Dithrich and wanted information. Charles W. Dithrich wanted to settle out of court for a list of demands including the deletion of all information and pictures Justin R. Dhooghe had in his possession of the affair along with the sum of five thousand dollars in exchange for a non-CLETs restraining order, one that was not on his permanent record. Justin R. Dhooghe eventually refused and the case was brought before the judge and ultimately was dismissed due to insufficient grounds. No restraining order is in effect.
12
California Court of Appeal · No. G062810 · 225 views
The heart of my case is that Tesla, Inc. illegally terminated me in violation of the FEHA and well-established public policy. More specifically, Tesla illegally fired me for the following reasons: 1) I have a disability (ASD and hypertension that required emergency care). 2) I requested accommodations and unilaterally attempted to engage in a good faith interactive process and was denied. 3) I am an older person. I was almost 62 years old when I was illegally fired. I was replaced immediately (3-days-later) by a software engineer who was approximately half my age. Coworkers made comments about my age and indicated that I was an “old man.” 4) I complained that Rollins and my co-workers were engaging in sexual harassment and offensive communications referring to their penis sizes on Tesla’s communications network. Also, sexual videos of women twerking were placed in the team’s chat that displayed women’s breasts. Reporting was required by Tesla’s own Sexual Harassment and Bullying Training Program. 5) I was forced to open a workers’ compensation case for injuries I sustained as a result of work. I was awarded $45,000 for this claim. 6) Moreover, I was fired because I engaged in whistleblowing regarding sexual harassment, sabotage, and other security issues. Whistleblowing is a protected activity.
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16
Arizona District Court · No. 2:02-cr-00477 · 184 views
Amanda Patricia Bossingham, also known as "Amy," the proprietor of Amy's Baking Company in Scottsdale, AZ, featured on the popular Fox television show "Kitchen Nightmares," was convicted of bank fraud in 2008 after she falsified a Social Security number on an application for a five-figure bank loan.
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18
Massachusetts District Court · No. 1:11-cv-12000-RBC · 168 views
Aaron Greenspan, creator of the 2003 predecessor to The Facebook at Harvard University, sued popular author Benjamin Mezrich, his publisher Random House, and Columbia Pictures for copyright infringement, defamation and false advertising due to the statements made by Mezrich in and about his book "The Accidental Billionaires." Mezrich's book, which cites Greenspan's as a source, has been marketed as supposed non-fiction, even though the story is full of inconsistencies and outright falsifications, many of which Mezrich admits to. Mezrich notably omitted Greenspan's role in the creation of the web site, and helped to prop up Mark Zuckerberg as a "genius" in his book, leading to the eventual motion picture "The Social Network," and contributing to the frenzy surrounding Facebook's problematic IPO.
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22
Georgia Northern District Court · No. 1:10-mi-88888 · 145 views
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New Jersey District Court · No. 1:33-av-00001 · 129 views
28
New York Southern District Court · No. 1:07-cv-11277-RJS · 126 views
Pop star Taylor Swift's early manager Daniel Dymtrow sued the Swift family after his services were terminated just before a meeting with Sony ATV that he alleges he helped to arrange, cutting him out of payments. He also sued Swift's new record label, Big Machine Records, and its founder, Scott Borchetta.
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33
Florida Southern District Court · No. 0:12-cv-61742 · 113 views
Current and former servers and bartenders at Darden Restaurants — the parent company of Olive Garden, Red Lobster, LongHorn Steakhouse, Seasons 52, and Bahama Breeze — filed this nationwide collective action in September 2012 in the Southern District of Florida, alleging violations of the Fair Labor Standards Act. The plaintiffs claimed that Darden illegally required tipped employees to participate in mandatory tip-sharing arrangements and otherwise failed to pay them the federal minimum wage applicable to tipped workers. The proposed class ultimately encompassed more than 216,000 servers and bartenders who worked for Darden brands during the three-year period covered by the claims. The case generated extensive procedural litigation over conditional certification, the scope of the class list, and discovery. In November 2013, the parties discovered that Darden had inadvertently omitted approximately 1,586 bartenders from the class list — those coded under a "Bartender Tip Share" designation introduced at Olive Garden, Red Lobster, Bahama Breeze, and Seasons 52 when those brands rolled out mandatory tip-share programs around 2011. The parties jointly moved to extend the opt-in period to cover these workers. The case proceeded to mediation before a private mediator in June 2014.
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39
California Central District Court · No. 2:07-cv-08310-BRO · 100 views
Richard Ramirez — the serial killer known as the "Night Stalker" who terrorized Southern California in 1984 and 1985, murdering at least 13 people and assaulting dozens more — filed this federal habeas corpus petition in December 2007 in the Central District of California, challenging his 1989 state court convictions and death sentence. The petition was filed through the Federal Public Defender's office after Ramirez exhausted his state court appeals. Federal habeas proceedings in capital cases are characteristically lengthy, and Ramirez's case proceeded slowly through the district court over several years while he remained on death row at San Quentin State Prison. Ramirez had been convicted of 13 counts of murder, five attempted murders, 11 sexual assaults, and 14 burglaries following a highly publicized trial in Los Angeles. The case had been one of the most sensational criminal prosecutions in California history. Ramirez died of natural causes at San Quentin in June 2013 while his federal habeas petition was still pending, rendering the case moot.
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42
New York Southern District Court · No. 1:15-cv-07433-LAP · 99 views
Virginia Giuffre sued Ghislaine Maxwell for defamation after Maxwell alleged that Giuffre's claims about Jeffrey Epstein's sex trafficking ring, which ensnared Giuffre as a minor, were not true. Thousands of pages of documents regarding Epstein and his associates, including former Presidents Bill Clinton and Donald Trump, have been released in this case as a result of the discovery process.
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44
Florida Middle District Court · No. 8:11-cv-01224 · 94 views
47
New Jersey District Court · No. 3:33-av-00001 · 84 views
48
Elon Musk has sued OpenAI and its co-founders Sam Altman and Greg Brockman over its tight partnership with Microsoft and its for-profit activities.
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Indiana Southern District Court · No. 1:12-cv-01351 · 78 views
60
Rhode Island District Court · No. 1:20-cr-00099-WES-PAS · 74 views
Federal prosecutors in the District of Rhode Island charged Irvin Vilneus and four co-defendants — Junior Mertile, Tony Mertile, James Legerme, and Allen Bien-Aime — in a series of related criminal cases filed in late 2020. A notice of related case filed in November 2020 formally linked the five proceedings, indicating the defendants were charged in connection with a common scheme or organization. The cases proceeded together before the court, which is common in prosecutions involving multiple members of an alleged criminal enterprise or conspiracy. The related-case structure suggested the defendants were charged with overlapping or coordinated criminal conduct in Rhode Island.
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64
Minnesota District Court · No. 0:26-cv-01606-KMM-ECW · 69 views
68
New York Southern District Court · No. 1:16-cv-07673 · 68 views
This lawsuit was the second complaint filed by a woman proceeding under the pseudonym Jane Doe against Donald J. Trump and Jeffrey Epstein in the Southern District of New York, filed in September 2016 — four months after the plaintiff had voluntarily dismissed an earlier action in the same court. The refiled complaint contained substantially similar allegations: that the plaintiff, who was 13 years old in 1994, had been raped and sexually abused by both Trump and Epstein at parties hosted by Epstein at his Manhattan townhouse. The complaint alleged that Epstein lured the plaintiff with promises of money and modeling opportunities and that Trump and Epstein subjected her to multiple assaults over the course of several encounters. Like the earlier filing, it included accounts from an alleged witness proceeding as a second anonymous declarant. The refiled case attracted even greater media attention because it was filed shortly before the November 2016 presidential election. A press conference at which the plaintiff and her attorney had planned to speak publicly was canceled, with the attorney citing death threats. The plaintiff again voluntarily dismissed the lawsuit in November 2016, citing fear for her safety. No criminal charges were ever brought based on these specific allegations.
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69
Georgia Northern District Court · No. 1:17-mi-99999 · 67 views
72
Texas Southern District Court · No. 1:26-cv-00485 · 67 views
More than 80 individual plaintiffs — residents and property owners in communities surrounding SpaceX's Starbase launch facility in Cameron County, Texas — filed a class action complaint in the Southern District of Texas (Brownsville Division) on April 30, 2026, against Space Exploration Technologies Corp. (SpaceX). Judge Rolando Olvera is assigned. The plaintiffs allege that SpaceX's Starship and Super Heavy rocket operations at Starbase generate extraordinary acoustic energy — including noise, vibrations, and sonic booms — that has repeatedly and severely damaged their homes and properties. The complaint describes eleven fully integrated Starship/Super Heavy test flights between April 2023 and October 2025, plus six earlier non-full-stack test flights and multiple static engine tests, each generating over 16 million pounds of thrust. Plaintiffs allege their homes, located in the surrounding Cameron County communities, have sustained repeated structural damage from the resulting acoustic events, which they describe as unprecedented in power. The plaintiffs seek jury trial and bring claims for property damage arising from SpaceX's operations. The case was filed on April 30, 2026, with initial procedural orders entered in June 2026.
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74
New York Eastern District Court · No. 1:07-cv-04672-NGG-PK · 65 views
Claudia Gayle filed this class action in November 2007 in the Eastern District of New York against Harry's Nurses Registry, Inc. and its owner Harry Dorvilier, on behalf of herself and other nurses and home health aides who had been placed by the registry. The plaintiffs alleged that Harry's Nurses Registry had systematically violated the Fair Labor Standards Act and New York Labor Law by failing to pay overtime wages, misclassifying workers, and making unlawful deductions from wages earned by workers providing in-home patient care. After years of litigation the court entered judgment in favor of the plaintiffs in September 2012, awarding $619,071.76 in damages to the named plaintiffs and class members. A supplemental judgment was entered in October 2013 following further proceedings before Magistrate Judge Marilyn D. Go, whose Report and Recommendation was adopted in full by Judge Nicholas G. Garaufis. Post-judgment proceedings addressing remaining class members' claims and enforcement continued for years afterward, with the most recent docket activity appearing in September 2024, suggesting ongoing collection or distribution efforts nearly seventeen years after the case was filed.
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75
Court of Chancery of Delaware · No. 2022-0613-KSJM · 65 views
Twitter, Inc. filed this lawsuit in July 2022 in the Delaware Court of Chancery after Elon Musk attempted to back out of his agreement to acquire the company for approximately $44 billion — $54.20 per share. Musk had signed a merger agreement in April 2022 and then, less than three months later, purported to terminate the deal, citing what he claimed were material misrepresentations by Twitter about the number of spam and bot accounts on its platform. Twitter sought specific performance — a court order compelling Musk to complete the acquisition at the agreed price — rather than money damages. Chancellor Kathaleen St. Jude McCormick agreed to expedite the case to an October 2022 trial date, a timeline Musk vigorously resisted. The litigation moved rapidly through discovery, during which Musk sought extensive information about Twitter's bot-counting methodology and Twitter sought sanctions against Musk for alleged discovery misconduct. A whistleblower complaint from a former Twitter security executive, Peiter Zatko, injected additional complexity into the proceedings by raising questions about Twitter's internal security practices. With trial imminent and the litigation going poorly for Musk, he reversed course in October 2022 and agreed to proceed with the original deal on its original terms. The parties jointly sought a stay of the litigation, and the case was voluntarily dismissed after the acquisition closed. Musk took Twitter private, subsequently rebranding the company and its platform as X. Several related proceedings, including a petition by PlainSite founder Aaron Greenspan seeking public access to sealed court materials, were also part of the docket.
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80
A San Francisco man unfortunate enough to share the name of the 2012 Aurora, Colorado movie theater shooter was senselessly beaten by the San Francisco Police Department in California shortly after the shooting took place in Colorado. He is suing the San Francisco Police Department. The case received notoriety after an another man was similarly beaten and then put into solitary confinement by the San Francisco police, and linked to Holmes's docket in his blog.
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92
Stating that he was "out for blood," Elon Musk filed a frivolous lawsuit against PlainSite owner Aaron Greenspan and his company, Think Computer Corporation, which runs PlainSite. Though it was filed in February 2023, it was not served until April. On May 1, Musk dismissed the lawsuit voluntarily. Two days later, Greenspan filed a cross-complaint (known as a counter-suit in other states) against Musk, his attorneys, Tesla, Inc., and Omar Qazi, alleging that Musk and his associates had attempted to use the courts to libel him in a malicious prosecution. Even though Musk and his attorneys were on notice of the lawsuit—they filed it—and corresponded by e-mail about it, they refused to respond to the cross-complaint. The case is ongoing.
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95
California Northern District Court · No. 3:24-cv-04647-MMC · 54 views
Aaron Greenspan, the founder of PlainSite.org, filed this lawsuit pro se in state court in 2024 against Elon Musk, Tesla Inc., X Corp., Jared Birchall (Musk's personal assistant and corporate representative), Omar Qazi (a Tesla promoter who ran the SMICK Enterprises social media account), and several of Musk's attorneys including Alex Spiro of Quinn Emanuel and Adam Cashman and Allison Huebert of Singer Cashman LLP. The case was removed to the Northern District of California and assigned to Judge Maxine Chesney. Greenspan alleged that Musk and his associates engaged in a coordinated harassment and defamation campaign against him, including directing Qazi to make false statements about Greenspan on social media. Quinn Emanuel represented Tesla, Excession LLC, and Musk's revocable trust. Qazi appeared pro se. The district court ruled against Greenspan, and he filed a notice of appeal to the Ninth Circuit in March 2026 from Covina, California. Qazi filed an opposition to Greenspan's motion for extension of time in February 2026.
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New York Southern District Court · No. 1:10-cr-00901-HBP · 51 views
Gary Brustein was charged by misdemeanor information in October 2010 in the Southern District of New York with one count of unlawful possession of a controlled substance. The information alleged that Brustein, acting in the course of his professional practice, possessed a quantity of methaqualone — a sedative hypnotic drug commonly known as Quaaludes — without a valid prescription or other legal authorization. The charge was brought as a misdemeanor under the Controlled Substances Act rather than a felony, suggesting Brustein's possession was treated as an unlawful personal possession rather than distribution. The case was prosecuted in an era when methaqualone had been effectively eliminated from the legal pharmaceutical market in the United States for decades.
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100
Court of Chancery of Delaware · No. 12711-VCS · 51 views
This consolidated stockholder derivative action, filed in September 2016 in the Delaware Court of Chancery, challenged Tesla Motors' $2.6 billion acquisition of SolarCity Corporation as a conflicted transaction that amounted to a bailout of a struggling company at Tesla shareholders' expense. The central allegation was that Elon Musk, who held a significant stake in both Tesla and SolarCity and whose cousins Lyndon and Peter Rive ran SolarCity, orchestrated the merger to rescue SolarCity from financial distress while using Tesla as the vehicle to do so. Plaintiffs alleged that Musk and the Tesla board members who approved the deal breached their fiduciary duties to Tesla shareholders. The litigation proceeded through years of discovery and motion practice before proceeding to a ten-day trial before Vice Chancellor Joseph R. Slights III in July 2021. The trial featured extensive testimony and expert analysis on whether SolarCity was financially distressed at the time of the acquisition, whether the deal price was fair, and whether Tesla's board acted independently given Musk's influence over it. Key witnesses included financial experts debating the valuation of SolarCity and the terms of the transaction. Vice Chancellor Slights issued his post-trial decision in April 2022, ruling that while Musk was a conflicted controlling stockholder, the acquisition was entirely fair to Tesla shareholders and judgment was entered in favor of the defendants. Plaintiffs filed a notice of appeal to the Delaware Supreme Court in May 2022.
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The nature-of-suit codes the federal courts assign when a case is filed. Choose one for every case PlainSite has under it.

Federal district courts
100Contract 102Contract 104Contract 110Contract - Insurance 111 Miscellaneous 112Contract - Sale (CDA) 114Contract - Service (CDA) 116Contract - Supply (CDA) 118Contract - Other (CDA) 120Contract: Marine 122Contract - Bid Preparation Costs 128Contract - Subsidy 130Contract - Surety 134Contract - Other 136Contract - Other - Wunderlich 138Contract - (Pre Award) Injunctions 140Contract - Injunction (Post Award) 150Contract: Recovery of Overpayment & Enforcement of Judgment 151Contract: Medicare Act 152Contract: Defaulted Student Loan 153Contract: Recovery Veteran Ben. 160Contract: Stockholders' Suits 190Contract: Other Contract Actions 195Contract Product Liability 196Contract: Franchise 200Tax - Allowance of Interest 202Tax - Declaratory Judgment 28:1507 204Tax - Estate 206Tax - Excise 208Tax - Gift 210Real Property: Land Condemnation 212Tax - Income Individual 214Tax - Informer's Fees 220Foreclosure (Diversity) 224Tax -100% Penalty-26:6672- Withhold. 226Tax - Other 230Real Property: Rent Lease & Ejectment 240Real Property: Torts to Land 245Real Property: Tort Product Liability 290Real Property: Other 300Civilian Pay - Back Pay 302Civilian Pay - COLA 304Civilian Pay - FLSA 306Civilian Pay - Overtime Compensation 310Personal Injury: Airplane 312Civilian Pay - Other 315Personal Injury: Airplane Product Liability 320Personal Injury: Assault Libel & Slander 330Personal Injury: Federal Employer's Liability 340Personal Injury: Marine 344Military Pay - Correct Records 345Marine Product Liability 346Military Pay - Correct/Reinstate 348Military Pay - Reinstatement 350Motor Vehicle Personal Injury 352Military Pay - Retirement 354Military Pay - SBP 355Personal Injury: Motor Vehicle Product Liability 356Military Pay - Other 360Personal Injury: Other 362Personal Injury: Medical Malpractice 365Personal Injury: Product Liability 367Health Care/Pharmaceutical Personal Injury Product Liability 368Personal Injury: Asbestos Personal Injury Product Liability 370Fraud or Truth-In-Lending 371Personal Property: Truth in Lending 375Other Statutes: False Claims Act 376Qui Tam (31 U.S.C. § 3729(a)) 380Personal Property: Other Personal Property Damage 385Personal Property: Property Damage Product Liability 400State Reapportionment 410Anti-Trust 422Bankruptcy Appeals, Rule 28 U.S.C. § 158 423Bankruptcy Withdrawal, Rule 28 U.S.C. § 157 424(Obj/Revocation Discharge 727 430Banks and Banking 434Injunctive Relief 435Validity/Priority/Extent Lien 440Civil Rights: Other 441Civil Rights: Voting 442Civil Rights: Employment 443Civil Rights: Housing/Accommodations 444Civil Rights: Welfare 445Civil Rights: Americans with Disabilities - Employment 446Civil Rights: Americans with Disabilities Act - Other 448Civil Rights: Education 450Commerce ICC Rates Etc. 454Recover Money/Property 455Revoke Plan Confirmation 456Declaratory Judgment 457Subordinate Claim/Interest 458Injury - DTP/DPT 460Deportation 462Naturalization Application 463Habeas Corpus - Alien Detainees 464Injury - Polio inactive 465Immigration: Other Immigration Actions 467Injury - Tetanus & Diptheria 469Injury - Other 470Civil (RICO) Racketeer/Corrupt Organization 472Death - DTP/DPT 480Consumer Credit 483Death - Other 484Injury - Hepatitis B 485Injury - Hemophilus influenzae 486Injury - Varicella 490Cable/Satellite TV 492Injury - Thimerosal 494Injury - Influenza 496Injury - Meningococcal 498Other Action 499Death - Human Papillomavirus 500Common Carrier - Transportation 502Copyright 504Native American 508Patent 510Taking - Personalty 511Taking - FIRREA 512Taking - Realty 513Taking - Rails to Trails 514Taking - Other 515Unjust Conviction and Imprisonment 516Miscellaneous - Damages 528Miscellaneous - Other 530Prisoner: Habeas Corpus 535Death Penalty - Habeas Corpus 536Spent Nuclear Fuel 540Prisoner Petitions: Mandamus and Other 550Prisoner Petitions: Civil Rights 555Civil Rights (Prison Condition) 560Prisoner Petitions: Civil Detainee: Conditions of Confinement 610Forfeit/Penalty: Agriculture 620Forfeit/Penalty: Food and Drug 625Drug Related Seizure of Property 630Miscellanous 650Forfeit/Penalty: Airline Regs. 660Forfeit/Penalty: Occup. Safety 690Forfeiture/Penalty: Other 710Labor: Fair Labor Standards Act 720Labor: Labor/Management Relations 730Labor: Reporting/Disclosure 740Labor: Railway Labor Act 751Labor: Family and Medical Leave Act 790Labor: Other 791Labor: Employee Retirement Income Security Act (ERISA) 810Selective Service 820Property Rights: Copyright 830Property Rights: Patent 840Property Rights: Trademark 850Other Statutes: Securities/Commodities/Exchange 861Social Security: HIA 862Social Security: Black Lung 863D.I.W.C./D.I.W.W. (US Defendant) 864Social Security: SSID Title XVI 865Social Security: RSI Tax Suits 870Federal Tax Suits: Taxes (US Plaintiff or Defendant) 871Federal Tax Suits: IRS-Third Party 875Taxes: Customer Challenge 890Other Statutes: Other Statutory Actions 891Agriculture Acts 892Economic Stabilization Act 893Environmental Matters 894Energy Allocation Act 895Freedom of Information Act 896Other Statutes: Arbitration 899Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision 900Appeal of Fee Determination 908Miscellaneous Case - Other 950Other Statutes: Constitutionality of State Statutes 990Other 999Miscellaneous Cases
Federal appellate courts
1152Contract: Recovery of Student Loan Defaults 1190Contract: Other Contract Action 1220Foreclosure 1240Torts to Land 1290Real Property - Other 1370Other Fraud 1371Truth in Lending 1380Other Personal Property Damage 1410Antitrust 1422Bankruptcy Appeals Rule 28 - USC 158 1440Other Civil Rights 1441Civil Rights: Voting 1442Civil Rights: Jobs 1443Civil Rights: Accommodations 1445Americans with Disabilities Act - Employment 1446Americans w/Disabilities Act - Other 1465Other Immigration Actions 1470Civil (RICO) 1625Forfeiture - Drug Related 1690Forfeiture - Other 1720Labor Laws - Labor/Mgmt Relation 1791Labor Laws - Retirement Act 1974 1850Securities Commodities Exchange 1870Tax Suits 1890Other Statutory Actions 1891Agricultural Acts 1893Environmental Matters 2110Insurance 2151Contract: Medicare Act Overpay 2152Recvry of Defaulted Student Loans 2190Contract: Other Contract Action 2210Condemnation 2220Real Property: Foreclosure 2240Real Property: Torts to Land 2290Real Property: Other 2320Assault Libel and Slander 2330Personal Injury: Federal Employers Liability 2340Marine Personal Injury 2350TORTS INJURY: Motor Vehicle 2360Personal Injury: Other Personal 2362Personal Injury: Medical Malpractice 2370Personal Property: Fraud 2371Truth in Lending 2380Personal Property: Other 2410Antitrust 2422Bankruptcy Appeals Rule 28 USC 158 2423Withdrawal 2430Banks and Banking 2440Civil Rights: Other 2441Civil Rights Voting 2442Civil Rights: Jobs 2443Civil Rights: Accomodations 2445Americans w/Disabilities Act-Empl 2446Americans w/Disabilities Act-Othr 2460Deportation 2462Naturalization Application 2463Habeas Corpus - Alien Detainees 2465Other Immigration Actions 2480Consumer Credit 2510Prisoner Petitions -Vacate Sentence 2530Habeas Corpus (Prisoner Petition) 2535Habeas Corpus: Death Penalty 2540Prisoner Petitions-Mandamus/Other 2550Prisoner - Civil Rights 2555Prison Conditions 2560Civ Detainee - Cond of Confinement 2625Drug Related Seizure of Property 2690Other Forfeiture and Penalty Suits 2710Fair Labor Standards Act 2720Labor/Management Relations 2790Other Labor Litigation 2791Employee Retirement 2830Patent 2850Securities Commodities Exchange 2860Social Security 2861Medicare 2862Social Security: Black Lung 2863DIWC / DIWW (Social Security) 2864SSID Title XVI (Social Security) 2865R.S.I. 2870Taxes (U.S. Plaintiff or Defendant) 2871IRS Third Party Suits (TAX DC) 2890Other Statutory Actions 2891Agricultural Acts 2893Environmental Matters 2895Freedom of Information Act 2899Adminstrative Review Act 2950Constitutionality of State Statutes 2990Other 3110Contract: Insurance 3120Contract: Marine 3130Contract: Miller Act 3140Contract: Negotiable Instrument 3150Overpayments & Enforcement of Judgments 3151Overpayments Under the Medicare Act 3160Contract: Stockholder Suits 3190Contract: Other 3196Franchise 3210Land Condemnation 3220Real Property: Foreclosure 3230Real Property: Rent Lease Ejectment 3240Real Property: Torts to Land 3290Real Property: Other 3310Airplane Personal Injury 3315Airplane Product Liability 3320Assault Libel and Slander 3330Federal Employers Liability 3340Personal Injury: Marine 3350Personal Injury: Motor Vehicle 3355Motor Vehicle Product Liability 3360Personal Injury: Other 3362Personal Injury: Medical Malpractice 3365Personal Injury: Product Liability 3367Torts 3368Personal Injury: Asbestos Prod Lia 3370Personal Property: Fraud 3371TORTS-Truth in Lending 3375Other Statutes: False Claims Act 3380TORTS PERSONAL PROPERTY-Other 3385Property Damage: Product Liability 3400STATUTES-State Reapportionment 3410Antitrust 3422Bankruptcy Appeals Rule 28 USC 158 3423Bankruptcy Withdrawal 28 USC 157 3430STATUTES-Banks & Banking 3440Civil Rights: Other 3441Civil Rights: Voting 3442Civil Rights: Jobs 3443Civil Rights: Accommodations 3444Civil Rights Welfare 3445Americans with Disabilities Act - Employment 3446Americans with Disabilities Act - Other 3448Civil Rights 3450Interstate Commerce 3470Racketeer Influenced & Corrupt Organizations (RICO) 3480Consumer Credit 3490Cable/Satellite TV 3530Prisoner: Habeas Corpus 3535Habeas Corpus - Death Penalty 3540Prisoner Petitions-Mandamus/Other 3550Prisoner: Civil Rights 3555Prisoner Petitions - Prison Condition 3560Prisoner Petitions 3710Labor: Fair Standards 3720Labor/Management Relations Act 3730Labor: Reporting/Disclosure 3740Labor: Railway Labor Act 3750Labor 3751Labor: Family and Medical Leave Act 3790Labor: Other 3791Employee Retirement (ERISA) 3820Property Rights: Copyright 3830Property Rights: Patent 3840Property Rights: Trademark 3850Securities Commodities Exchange 3864SOC SEC-SSID Title XVI 3890Statutes: Other 3891Statutes: Agricultural Acts 3892Economic Stabilization Act 3893Environmental Matters 3895Statutes: FOIA 1974 3896Other Statutes 3899Other Statutes 3950Constitutionality of State Statutes 3990Other 3999Miscellaneous 4110Contract: Insurance 4120Marine Contract Actions 4140Contract: Negotiable Instruments 4150Contract: Overpayment Recovery 4160Contract: Stockholders Suits 4190Contract: Other 4195Contract: Product Liability 4196Franchise 4220Real Property: Foreclosure 4230Rent Lease Ejectment 4240Torts to Land 4245Tort: Personal Liability 4290Real Property: Other 4310Personal Injury: Airplane 4315Airplane Product Liability 4320Personal Injury: Assault Libel & Slander 4340Marine Personal Injury 4345Marine Product Liability 4350Personal Injury: Motor Vehicle 4355Motor Vehicle Product Liability 4360Personal Injury: Other Personal 4362Personal Injury: Medical Malpractice 4365Personal Injury: Product Liability 4367Torts 4368Personal Injury: Asbestos 4370Personal Property: Fraud 4371Truth in Lending 4380Personal Property: Other 4385Property Damage-Product Liability 4440Civil Rights-Other 4442Civil Rights Jobs 4443Civil Rights Accommodations 4470STATUTES-RICO 4480Consumer Credit 4790Other Labor Litigation 4890Other Statuatory Actions 4896Other Statutes 4950Constitutionality of State Statutes 5362Medical Malpractice 5870STATUTES-Tax Suits 9992MISC case matters requiring a judicial signature ie: letters rogatory jdgm dbtr exam 9993MISC case matters not requiring a judicial signature ie: out-of-district ntc of takg depo

All reporters › ny-misc-lexis › Volume 1947

Opinions in ny-misc-lexis, volume 1947
1947 N.Y. Misc. LEXIS 1939 · 3 views
The defendant moves to dismiss the complaint for legal insufficiency, or, in the alternative, to strike out 22 of the 28 paragraphs of the complaint, which purports to set forth three causes of action.…
1947 N.Y. Misc. LEXIS 1940 · 1 views
This is a motion to dismiss the third cause of action in the amended complaint.…
1947 N.Y. Misc. LEXIS 1941 · 7 views
Plaintiffs, who are city-employed welders, each seek to recover from the city the sum of $2,651.47 which they allege is the value of their vacations and the city’s contributions to their pension funds for the period 1938 to 1946 inclusive.…
1947 N.Y. Misc. LEXIS 1942 · 4 views
TMs is an application pursuant to article 78 of the Civil Practice Act for a restraining order in the nature of a writ of prohibition directed against the respondent, Edgar Bromberger, Chief Magistrate of the Magistrates’ Court of the City of New York, and any Magistrate holding or *699scheduled to hold a term in the…
1947 N.Y. Misc. LEXIS 1943 · 0 views
Like the application in the Matter of Abrams v. Bromberger (19 Misc 2d 698) this is an application under article 78 of the Civil Practice Act for an order restraining respondent Bromberger, Chief Magistrate of the City of New York, from proceeding with the hearing of charges against the petitioner for overtime…
1947 N.Y. Misc. LEXIS 1944 · 2 views
By its decision (Matter of Gruner, 295 N.…
1947 N.Y. Misc. LEXIS 1945 · 1 views
Motion to dismiss the complaint in an action for libel upon the ground (hat if does not state facts sufficient to constitute a cause of action.…
1947 N.Y. Misc. LEXIS 1946 · 3 views
At the close of the testimony, motions were made to dismiss and for a direction of a verdict in defendant’s favor.…
1947 N.Y. Misc. LEXIS 1947 · 0 views
Defendant was arrested under a civil order of arrest issued pursuant to section 827 of the Civil Practice Act and gave bail.…
1947 N.Y. Misc. LEXIS 1948 · 2 views
This is a proceeding instituted pursuant to article 78 of the Civil Practice Act to review a decision of the Zoning Board of Appeals of the Town of Oyster Bay, which granted the application of the Hicksville Airpark Club, the intervenor-defendant, to conduct and operate an airfield on property owned by Hicksville…
1947 N.Y. Misc. LEXIS 1949 · 2 views
In this action, which has been tried before this court, plaintiffs, originally seven in number but reduced during the trial to four, are members of Local 10 of the International Ladies’ Garment Workers’ Union and also of the International Union.…
1947 N.Y. Misc. LEXIS 1950 · 1 views
Two motions are here presented and determined.…
1947 N.Y. Misc. LEXIS 1951 · 2 views
By agreement of the parties interim disposition is made of the objections interposed by the special guardian in behalf of an infant.…
1947 N.Y. Misc. LEXIS 1952 · 3 views
This is an action brought to obtain a declaratory judgment.…
1947 N.Y. Misc. LEXIS 1954 · 0 views
It was error for the court to refuse to charge that a bailee for hire is not an insurer, and is only required to exercise ordinary care in the preservation of the plaintiff’s property.…
1947 N.Y. Misc. LEXIS 1955 · 2 views
This is a multiple motion to dismiss the complaint on no less than six grounds or, in the alternative, to strike out certain portions of the complaint as irrelevant and unnecessary.…
1947 N.Y. Misc. LEXIS 1956 · 0 views
This ease requires an examination again of that delicate problem which has had so long and controverted a history in the New York courts: When, in a railroad crossing accident, the issue of contributory negligence of the deceased is to be left open for the determination of the jury.…
1947 N.Y. Misc. LEXIS 1957 · 1 views
A writ of habeas corpus was issued herein upon the petition of James Thornton.…
Owen v. Fisher Page 1959
1947 N.Y. Misc. LEXIS 1959 · 6 views
The complaint alleges in substance that on the 18th day of May, 1946, the defendant Jeannette E.…
1947 N.Y. Misc. LEXIS 1960 · 2 views
This is a hearing upon a writ of habeas corpus issued out of this court by Theresa Capra, a sister of the relator Joseph Gagliano, wherein it is alleged that the said relator is illegally imprisoned and detained of his liberty in violation of section 5 of article I of the Constitution of the State of New York and…
1947 N.Y. Misc. LEXIS 1962 · 2 views
The defendant Levine moves to dismiss the indictment.…
1947 N.Y. Misc. LEXIS 1963 · 4 views
Claim has been filed to recover damages for the wrongful death of the decedent and for personal injuries, pain and suffering sustained by him prior to his death occasioned through the negligence of the State of New York in permitting its ward to escape.…
1947 N.Y. Misc. LEXIS 1964 · 2 views
Frank H. Goodyear died on the 13th day of May, 1907, leaving a last will and testament which, among other things, contained the following paragraph described as subparagraph “ D ” of paragraph numbered “Eleventh”: “ D.…
Bentz v. Bentz Page 1967
1947 N.Y. Misc. LEXIS 1967 · 5 views
After twelve years of married life plaintiff brings this action to annul his marriage with defendant upon the ground of fraud.…
1947 N.Y. Misc. LEXIS 1968 · 3 views
Memorandum The landlord was prevented by the rent regulation from commencing summary proceedings for several months after the expiration date specified in his notice of termination.…
1947 N.Y. Misc. LEXIS 1969 · 4 views
Defendants appeal from judgments of conviction rendered in the War Emergency Court of the City Magistrate’s Court of the City of New York.…
1947 N.Y. Misc. LEXIS 1970 · 5 views
Memorandum Under the circumstances disclosed by the record here, the evidence that plaintiffs’ automobile was watched from the front window of an apartment on the first floor of an apartment house before which it was parked, does not show attendance of the vehicle within the intent of the policy excluding “ loss of…
1947 N.Y. Misc. LEXIS 1971 · 2 views
This is a proceeding brought by the landlord, a New York corporation, for recovery of possession of a penthouse apartment now occupied by the tenant at premises 816 Fifth Avenue, New York City.…
1947 N.Y. Misc. LEXIS 1972 · 0 views
This is a motion made by the brother of the decedent for leave to file amended and supplemental objections to the account of the administratrix.…
1947 N.Y. Misc. LEXIS 1975 · 0 views
This action originally was brought against the Bowery Savings Bank to recover a balance on deposit therein *263to the credit of the above-named decedent which, during his lifetime, he had assigned to the plaintiffs.…
1947 N.Y. Misc. LEXIS 1978 · 3 views
This is an action for an injunction restraining defendants from alleged violation of a restrictive covenant and directing them to demolish or “ reconvert for proper occupancy ” such buildings as are claimed to violate the covenant in their present form.…
1947 N.Y. Misc. LEXIS 1979 · 2 views
This is a motion for an order directing the cancellation of record of a judgment in the sum of $3,225 recovered in the Supreme Court of the County of Erie on December 6, 1939, a transcript of which judgment was filed in the Onondaga County Clerk’s Office on December 23,1939.…
People v. Fruci Page 1981
1947 N.Y. Misc. LEXIS 1981 · 8 views
Defendant moves to set aside the verdict of a jury convicting the defendant of the crime of assault in the third degree and to dismiss the information and discharge the defendant on the grounds, (1) that the information is defective because it fails to employ the words, “ willfully and intentionally ” in describing…
1947 N.Y. Misc. LEXIS 1982 · 8 views
Memobahdum Plaintiff was admittedly indebted to defendant for unpaid rent and it had the right to retain possession of any property stored with it until the debt was paid (Lien Law, § 181).…
1947 N.Y. Misc. LEXIS 1984 · 2 views
Memorandum Although there was no affirmative defense of lack or failure of consideration for the negotiable *202instrument in the hands of one not a holder in due course and for value, the court, in the interests of justice, should have permitted the defendant to offer proof that the consideration for which the…
1947 N.Y. Misc. LEXIS 1986 · 1 views
Memorandum The court below was warranted in concluding that the landlord did not prove that it sought in good faith to recover possession of the premises for its own immediate and personal use.…
1947 N.Y. Misc. LEXIS 1987 · 1 views
The testator died February 8,1912, and his will, dated March 29, 1892, was admitted to probate in this court on June 21,1912.…
1947 N.Y. Misc. LEXIS 1988 · 6 views
A writ of habeas corpus having been issued out of this court on the petition of the relator, a hearing was held for the purpose of inquiring into the cause of relator’s imprisonment.…
1947 N.Y. Misc. LEXIS 1989 · 7 views
The defendant has been indicted by the Grand Jury of Oneida County charged with a violation of section 1825 of the Penal Law.…
Connor v. State Page 1990
1947 N.Y. Misc. LEXIS 1990 · 2 views
The motion for leave to reargue is granted and, upon reargument, the original decision is adhered to.…
1947 N.Y. Misc. LEXIS 1992 · 4 views
special guardian of the children of Lynn Wentworth.…
1947 N.Y. Misc. LEXIS 1993 · 3 views
The defendant has moved for summary judgment pursuant to rule 113 of the Rules of Civil Practice.…
1947 N.Y. Misc. LEXIS 1994 · 0 views
Plaintiff sues to recover on a bond. The bond was given by defendant in 1931 and secured by a second mortgage on real property.…
1947 N.Y. Misc. LEXIS 1995 · 8 views
The plaintiff was arrested by the defendant late in the forenoon of January 10, 1944, taken to the police station where he was fingerprinted, to police headquarters where he was photographed and made to participate in the line-up, and from there to the Magistrate’s Court where he was released on bail of $500 furnished…
1947 N.Y. Misc. LEXIS 1998 · 13 views
The appeals herein are from judgments of conviction against the appellant Railway Express Agency, Inc., and thirteen individual appellants for violations of section 124 of the Traffic Regulations of the City of New York.…
1947 N.Y. Misc. LEXIS 2006 · 8 views
The defendant herein, presently serving a term of fifteen years to life in State prison upon his conviction for extortion in 1943, seeks in the form of a writ of error coram nobis, to set aside a prior judgment of conviction entered against him in this court in 1918.…
1947 N.Y. Misc. LEXIS 2010 · 1 views
Plaintiff, prior to his marriage to defendant on October 19, 1929, was an adherent of the Catholic faith.…
1947 N.Y. Misc. LEXIS 2011 · 1 views
Plaintiff wife sues for divorce. The parties met in 1935.…
1947 N.Y. Misc. LEXIS 2012 · 0 views
Motion to dismiss complaint for insufficiency is denied.…
1947 N.Y. Misc. LEXIS 2014 · 2 views
This is a motion for an order removing a summary proceeding to recover possession of real property from the Municipal Court of the City of Syracuse to the Supreme Court.…
1947 N.Y. Misc. LEXIS 2015 · 6 views
Plaintiff has instituted this action against Thomas E.…
Rice v. Isbell Page 2017
1947 N.Y. Misc. LEXIS 2017 · 4 views
These are motions to dismiss the complaint, made at the conclusion of the plaintiff’s evidence and renewed after all the evidence was in, upon which decision was reserved, and to set aside a verdict recovered by the plaintiff in an action for personal injuries allegedly suffered as a consequence of the negligence of…
1947 N.Y. Misc. LEXIS 2019 · 2 views
On this will construction proceeding it appears that the testator had three brothers and one sister; and that *429the testator and his sister had objections to marriage on the part of themselves and their brothers.…
1947 N.Y. Misc. LEXIS 2022 · 2 views
Memorandum The demand which is necessary to start the running of the Statute of Limitations must be made within a reasonable time.…
1947 N.Y. Misc. LEXIS 2024 · 0 views
This is a motion by defendant to dismiss the complaint in which plaintiff seeks a declaratory judgment reforming a lease agreement entered into between the parties and declaring the termination date of said lease to be April 30, 1947.…
1947 N.Y. Misc. LEXIS 2026 · 3 views
TMs is a motion for temporary alimony and counsel fees in a divorce action.…
1947 N.Y. Misc. LEXIS 2030 · 6 views
The corporate trustee moves for an order modifying the referee’s report so as to overrule his recommendations allowing certain objections to its account; the object-ants move for an order confirming the report.…
Warner v. State Page 2031
1947 N.Y. Misc. LEXIS 2031 · 5 views
Claimant sues to recover damages for false imprisonment.…
1947 N.Y. Misc. LEXIS 2033 · 3 views
The State of New York by a safety inspector of the Department of Labor, has charged the codefendants herein with thirteen violations of section 241-a of the Labor Law and rules 23-8.7 and 23-8.8 of the Industrial Code (3 Official Compilation of Codes, Rules and Regulations of State of New York, p.…
White v. State Page 2034
1947 N.Y. Misc. LEXIS 2034 · 0 views
This is a motion for an order dismissing the claim herein on the grounds (a) that claimant does not have legal capacity to institute or prosecute the said claim against the State of New York; (b) that this court does not have jurisdiction to hear or determine the said claim; (c) that the said claim fails to state…
1947 N.Y. Misc. LEXIS 2036 · 2 views
This is a proceeding for judicial settlement of the accounts of the executor.…
1947 N.Y. Misc. LEXIS 2037 · 2 views
This is a motion at Special Term for a judgment on the pleadings by the plaintiffs insofar as the first cause of action alleged in the complaint is concerned.…
1947 N.Y. Misc. LEXIS 2040 · 0 views
Heretofore and on December 7, 1946, this court made an order in this proceeding to determine and fix a reasonable rent for the space occupied by one Archie Turner, tenant of premises comprising virtually an entire block between Bridge *445Plaza North and 41st Avenue, 22d and 23d Streets, Long Island City, Queens…
1947 N.Y. Misc. LEXIS 2043 · 0 views
This contested probate proceeding was tried before the court without a jury.…
1947 N.Y. Misc. LEXIS 2052 · 2 views
This suit was commenced by indorsement on the summons.…
1947 N.Y. Misc. LEXIS 2053 · 1 views
This action was brought by Mae Jaffe Wolfer, the settlor and life beneficiary of an inter vivas trust, and others, against the National City Bank of New York, to compel the defendant tnistee to restore to the corpus of the trust the loss in value of certain securities purchased by the trustee from its “ securities…
1947 N.Y. Misc. LEXIS 2056 · 4 views
This is an action under the J ones Act (Merchant Marine Act of 1920, § 33; U.…
1947 N.Y. Misc. LEXIS 2057 · 2 views
This appeal by the executors of the decedent herein from a pro forma order fixing the estate tax, is based upon the ground that included in the net taxable estate in said order, upon which the tax is based, is the sum of $20,000 which the executors urge, is not taxable because it should have been allowed as a specific…
1947 N.Y. Misc. LEXIS 2058 · 4 views
This action was instituted by the plaintiff as trustee of an inter vivas trust (1) for the judicial settlement of its intermediate account for the period from May 15, 1940, to January 16, 1945, and (2) for instructions with-respect to the (a) liability, if any, of the trust to pay any part of the Federal estate tax…
1947 N.Y. Misc. LEXIS 2061 · 0 views
Motion by judgment creditor, under section 794 of the Civil Practice Act, to direct a third party to pay over to the creditor, moneys alleged to be due to the judgment debtor.…
1947 N.Y. Misc. LEXIS 2064 · 0 views
The plaintiffs seek to recover from the defendants’ union the sum of $981.74 which they deposited with the union in the following circumstances: Between January, 1941, and October 15,1945, plaintiffs operated a restaurant and night club in which they employed members of defendant union as instrumental musicians.…
1947 N.Y. Misc. LEXIS 2065 · 1 views
The plaintiff, in the business of shoring and underpinning buildings, was employed by the defendant, Westorman, to shore two buildings which had become insecure by *547the collapse of a third building that had been standing between them.…
1947 N.Y. Misc. LEXIS 2067 · 6 views
This is one of three cases in' which these three landlord corporations, owners of building 37-41 East 18th Street were granted a final order against each of three tenants on the ground (Commercial Bent Law, § 8, subd.…
1947 N.Y. Misc. LEXIS 2070 · 2 views
Truman A. Wesling commenced an action in the County Court of Erie County against Mabel J.…
Bowman V. Cruz Page 2073
1947 N.Y. Misc. LEXIS 2073 · 1 views
Question arises as to the jurisdiction of the Children’s Court Division of this statutory civil court as a forum for the adult criminal prosecution phase of the Police Department of the City of New York’s commendably vigorous combat against the armed warfare now rampant among organized street clubs of children who…
1947 N.Y. Misc. LEXIS 2074 · 2 views
Plaintiff brought an action for separation against the defendant in 1944.…
1947 N.Y. Misc. LEXIS 2075 · 2 views
Plaintiff is defendant’s tenant and in a summary proceeding against him a final order was granted in favor of this defendant who was the petitioner in that proceeding.…
Hunt v. Hart Page 2077
1947 N.Y. Misc. LEXIS 2077 · 4 views
The tenancy in this proceeding is one from month to month or a tenancy for an indefinite period.…
1947 N.Y. Misc. LEXIS 2083 · 1 views
Pursuant to an agreement, made in France, between the parties hereto, there was submitted to arbitration a controversy in connection with an alleged breach of contract.…
1947 N.Y. Misc. LEXIS 2085 · 2 views
There is no express covenant in the lease under which plaintiff went into possession, which requires defendant to make repairs.…
1947 N.Y. Misc. LEXIS 2095 · 4 views
This is a motion by the defendant for judgment on the pleadings.…
1947 N.Y. Misc. LEXIS 2096 · 2 views
The referee has reported upon the several questions referred.…
1947 N.Y. Misc. LEXIS 2097 · 6 views
This claim has been filed to recover pecuniary damages for the death of claimant’s intestate, Mark Q.…
Dowly v. State Page 2098
1947 N.Y. Misc. LEXIS 2098 · 8 views
Claimant’s decedent, Karen Dowly, was admitted on November 21, 1942, to the Creedmoor State Hospital, an institution owned, operated, and maintained by the State of New York for the detention, care and treatment of mentally ill persons.…
1947 N.Y. Misc. LEXIS 2100 · 1 views
This summary proceeding was instituted by the landlord, the owner of the leasehold of the premises in concern against the tenant for nonpayment of rent; possession was sought and also a judgment for the amount of the rent due and unpaid.…
Newton v. Simon Page 2101
1947 N.Y. Misc. LEXIS 2101 · 0 views
By an order of the court an application under section 287-a of the Civil Practice Act for leave to issue a summons and to serve a verified complaint against the defend*670ants claiming to be adverse claimants to certain specific personal property held within the State of New York was granted ex parte.…
Carver v. State Page 2102
1947 N.Y. Misc. LEXIS 2102 · 4 views
This is a negligence claim against the State of New York resulting from an automobile accident on December 24, 1940, on the State highway which leads eastward from Syracuse to Jamesville.…
1947 N.Y. Misc. LEXIS 2103 · 0 views
Defendant moves to inspect the Grand- Jury minutes or, in the alternative, for a dismissal ol‘ the indictment because of insuffieiemy of evidence.…
1947 N.Y. Misc. LEXIS 2107 · 4 views
The lease between the landlord and its tenant Schlick expired on September 30, 1946.…
1947 N.Y. Misc. LEXIS 2116 · 2 views
Plaintiffs are social and political clubs located in the East Harlem district within the territorial jurisdiction of the 23d and 25th Precincts of the Police Department.…
1947 N.Y. Misc. LEXIS 2117 · 2 views
This is a motion made on behalf of the defendant trust company to dismiss the complaint on the ground that a prior adjudication constitutes a bar.…
1947 N.Y. Misc. LEXIS 2121 · 2 views
This motion to dismiss the complaint is disposed of as follows: (1) Section 61 of the General Corporation Law requires that in a derivative stockholder’s action “ it must be made to appear that the plaintiff was a stockholder at the time of the transaction of which he complains * * A proper compliance with the…
1947 N.Y. Misc. LEXIS 2123 · 4 views
The action was to recover two months’ rent of premises to be used as a milk depot.…
1947 N.Y. Misc. LEXIS 2125 · 3 views
Motion by defendants to compel plaintiffs to reply to an affirmative defense.…
1947 N.Y. Misc. LEXIS 2126 · 4 views
There was, in this ease, no relation of landlord and tenant between plaintiff and defendants.…
1947 N.Y. Misc. LEXIS 2129 · 3 views
The tenant being a monthly tenant for a calendar month, the statutory notice prescribed by section 232-a of the Real Property Law should have been served at least thirty days prior to the last day of the month.…
Lane v. Lane Page 2132
1947 N.Y. Misc. LEXIS 2132 · 4 views
Defendant and Jack Brannstein were married on November 30, 1926.…
1947 N.Y. Misc. LEXIS 2134 · 3 views
This is a motion by the defendant Superintendent of Banks for an order dismissing the complaint under rules 106 and 107 of the Buies of Civil Practice on the theory that the action was not brought within the six-month period specified in section 625 [subd.…
1947 N.Y. Misc. LEXIS 2139 · 5 views
This case was tried before the court and a jury and resulted in verdicts for the plaintiff, Castellano, for personal injuries and for the plaintiff, Pittari, for property damage.…
1947 N.Y. Misc. LEXIS 2140 · 1 views
This is a motion to dismiss the second cause of action for insufficiency in law.…
1947 N.Y. Misc. LEXIS 2141 · 0 views
Upon this proceeding for the judicial settlement of her account, the executrix has applied for a construction of decedent’s will.…
Wynn v. Wynn Page 2143
1947 N.Y. Misc. LEXIS 2143 · 3 views
Motion by the plaintiff to, dismiss, pursuant to rule 109 of the Rules of Civil Practice, the three complete defenses which the defendant has asserted to plaintiff’s first cause of action.…
In re Dickstein Page 2144
1947 N.Y. Misc. LEXIS 2144 · 0 views
This is an application by the only surviving child of Samuel and Adele Dickstein, under section 89 of the Membership Corporations Law, for an order permitting the removal of their remains from a plot of the respondent First Strussower Sick and Support Association, sued herein as First Trusower Sick Society, located in…
Klein v. Biben Page 2145
1947 N.Y. Misc. LEXIS 2145 · 2 views
This is a motion to strike out all the defenses and partial defenses pleaded in the answer for alleged insufficiency.…
1947 N.Y. Misc. LEXIS 2146 · 5 views
The question involved on this appeal is whether, in the absence of an agreement on the subject, negatives belonged to the customer or to the photographer.…
1947 N.Y. Misc. LEXIS 2151 · 12 views
Plaintiff, an eminent conductor of a world-renowned symphony orchestra, and an outstanding international figure in the field of music, who earns substantial sums of money from his various musical activities, seeks to enjoin the publication of a book purporting to be his biography, for which he had refused…
1947 N.Y. Misc. LEXIS 2152 · 0 views
This is a motion to dismiss the proceedings in this court, because of a divorce decree entered in the State of Oklahoma.…
1947 N.Y. Misc. LEXIS 2153 · 3 views
Metropolitan Opera Association, Inc., has brought an action to restrain the defendants from using the name “ Metropolitan Symphony Orchestra ” or the name “ Metropolitan ” or any name or title calculated to have the tendency to cause the orchestra used by the defendants to be confused with plaintiff’s orchestra.…
1947 N.Y. Misc. LEXIS 2155 · 3 views
These are motions by the individual and cor- ■ porate defendants for an order dismissing so much of the complaint as seeks to recover for acts committed prior to January 10, 1946, on the ground that plaintiff has not legal capacity to sue.…
1947 N.Y. Misc. LEXIS 2158 · 5 views
This is a motion by defendant to compel the plaintiff, who filed a properly verified complaint in this conversion action, but served a copy with defective verification, to accept an unverified answer.…
1947 N.Y. Misc. LEXIS 2159 · 4 views
The landlord instituted this summary proceeding against the tenant on April 2, 1946, to obtain possession of the premises for its own use.…
1947 N.Y. Misc. LEXIS 2161 · 4 views
This is a motion by defendant for an order dismissing the complaint on the merits and for summary judgment in favor of defendant.…
1947 N.Y. Misc. LEXIS 2162 · 1 views
This is a proceeding to judicially settle the account of the administratrix herein.…
1947 N.Y. Misc. LEXIS 2171 · 2 views
The defendant, the Western Express Company, appears specially and moves for an order setting aside the service *178of the summons and complaint herein upon the defendant, the Western Express Company, and declaring such service to be null and void upon the ground that the defendant, the Western Express Company, is a…
1947 N.Y. Misc. LEXIS 2172 · 1 views
This is an action to compel the defendant specifically to perform a contract for the purchase and sale of real property.…
1947 N.Y. Misc. LEXIS 2179 · 2 views
Plaintiff brought this action to recover for the loss of a Persian coat and skins originally shipped by plaintiff Graubart Bros., a limited partnership, to defendant Posner’s, doing business in Philadelphia.…
1947 N.Y. Misc. LEXIS 2180 · 5 views
Motion by plaintiff for an order dismissing the first, second, third, fourth, fifth and sixth defenses contained in the answer of the defendant Brown & Williamson Tobacco Corporation.…
Jacobs v. Eisen Page 2181
1947 N.Y. Misc. LEXIS 2181 · 1 views
Two motions are before the court. Plaintiffs move for a temporary injunction and defendant moves to dismiss the complaint.…
1947 N.Y. Misc. LEXIS 2184 · 1 views
An order for $20 per week for support of petitioner wife and two children was entered hy Justice Siegel on May 3, 1946, sixteen days after their arrival in New York City from Puerto Rico, where the parties had married and separated.…
1947 N.Y. Misc. LEXIS 2186 · 1 views
Motion by the judgment debtor for an order directing the Clerk of Suffolk County to cancel of record the transcript of judgment filed and the docket of judgment entered herein in said office on October 13, 1934, and enjoining and restraining the judgment creditor from proceeding upon said transcript of judgment or…
1947 N.Y. Misc. LEXIS 2187 · 0 views
The action is to recover overtime compensation, liquidated damages and counsel fee and is brought pursuant to the provisions of the Fair Labor Standards Act of 1938 (U.…
1947 N.Y. Misc. LEXIS 2189 · 1 views
This is an application for an order directing John M.…
1947 N.Y. Misc. LEXIS 2190 · 3 views
The action is to recover rent for premises occupied by defendant for the month of September, 1946.…
1947 N.Y. Misc. LEXIS 2191 · 1 views
This is an application for leave to file a claim for damages sustained to the yacht of claimant’s subrogor.…
1947 N.Y. Misc. LEXIS 2192 · 0 views
This claim was filed herein on September 26, 1941, under the title of “ Beekman Stock Farms, Inc., formerly Lime Bidge, Inc., and J.…
1947 N.Y. Misc. LEXIS 2193 · 2 views
Motion for summary judgment under rule 113 of the Buies of Civil Practice is granted.…
1947 N.Y. Misc. LEXIS 2194 · 3 views
The plaintiff sued the City of New York and Raymond W.…
1947 N.Y. Misc. LEXIS 2196 · 0 views
TMs is a motion for reargument and a rehearing on new facts of an order denying motion for partial summary judgment.…
1947 N.Y. Misc. LEXIS 2200 · 0 views
In this probate proceeding the contestant has raised the issue of undue influence as well as of due execution and competency.…
1947 N.Y. Misc. LEXIS 2208 · 0 views
Considerable testimony has been taken in this proceeding before my learned colleague, Me Clancy, J.…
1947 N.Y. Misc. LEXIS 2211 · 0 views
Subdivision (d) of section 8 of the Commercial Bent Law (L.…
1947 N.Y. Misc. LEXIS 2212 · 5 views
Motion by defendants for an order dismissing the complaint and for judgment in favor of the defendant Harrison Williams, pursuant to subdivision 6 of rule 107 of the Buies of Civil Practice, on the ground that the causes of action set forth in the complaint did not accrue within the time limited by law for the…
Adams v. Moon Page 2213
1947 N.Y. Misc. LEXIS 2213 · 0 views
It is not questioned that the plaintiff can maintain this action under section 91 of the Justice Court Act (L.…
1947 N.Y. Misc. LEXIS 2214 · 0 views
In an action for separation instituted nearly four years ago, plaintiff wife now moves to examine the defendant husband before trial as to his earnings, assets, etc., for the years 1943 to date.…
1947 N.Y. Misc. LEXIS 2216 · 0 views
The landlord has instituted these proceedings to obtain possession of the basement, store, mezzanine and second floors in the building known as 43 West 57th Street, New York City.…
Jones v. Jones Page 2218
1947 N.Y. Misc. LEXIS 2218 · 3 views
The plaintiff herein seeks to annul her marriage to the defendant on the grounds of fraud.…
1947 N.Y. Misc. LEXIS 2222 · 10 views
The appellants herein have been convicted of disorderly conduct under subdivision 6 of section 722 of the Pénal Law, and each sentenced to thirty days in the workhouse execution thereof suspended.…
1947 N.Y. Misc. LEXIS 2227 · 2 views
This is a proceeding instituted by the landlord for nonpayment of rent in the sum of $125 for the month of January, 1947.…
1947 N.Y. Misc. LEXIS 2233 · 3 views
Memorandum In this summary proceeding by three petitioners to recover possession of premises under subdivision (d) of section 8 of the Commercial Rent Law (L.…
1947 N.Y. Misc. LEXIS 2235 · 2 views
In this action plaintiffs seek a declaratory judgment, and also an injunction against interference by defendant with their exercise of the constitutional rights of freedom of speech, of press and of worship in a housing project known as Parkchester situated in the borough of The Bronx of the city of New York.…
1947 N.Y. Misc. LEXIS 2239 · 1 views
Memorandum The proceeding herein was brought under paragraph (2) of subdivision (b) of section 6 of.…
1947 N.Y. Misc. LEXIS 2241 · 0 views
This is an application for an order in the nature of a peremptory order of mandamus to compel the County Court of Kings County and the District Attorney of Kings County to give the petitioner a hearing in that court in support of his assertion that his conviction had in that court in 1931 was illegally obtained by…
1947 N.Y. Misc. LEXIS 2243 · 2 views
The motion herein, made pursuant to rule 103 of the Buies of Civil Practice, is addressed to the contents of the claim which is replete with evidentiary matter and exhibits.…
1947 N.Y. Misc. LEXIS 2246 · 1 views
Plaintiff moves for judgment on the pleadings.…
1947 N.Y. Misc. LEXIS 2248 · 1 views
Plaintiffs are dentists. Defendant is a labor union whose membership for the greater part-consists of employees in laboratories making dentures and also has dental assistants and dental hygienists among its members.…
1947 N.Y. Misc. LEXIS 2252 · 4 views
On this motion by tenants to vacate a final order made February 8, 1946, upon the consent of the tenants contained in a written stipulation entered into between the respective parties and their attorneys on February 4, 1946, which stipulation also contained a consent by the landlords to a stay of the execution of the…
1947 N.Y. Misc. LEXIS 2253 · 3 views
This summary proceeding for the recovery of rented commercial.…
1947 N.Y. Misc. LEXIS 2257 · 1 views
The issues before the court in the above-entitled matter arise in connection with the accounting in the estate-of John Ricciardi, also known as Giovanni Ricciardi.…
1947 N.Y. Misc. LEXIS 2263 · 2 views
This action relates to an accident which occurred on July 1, 1941, at the intersection of Union Avenue and First Street, New Rochelle, New York.…
1947 N.Y. Misc. LEXIS 2265 · 0 views
In this action a mortgagor is suing Ms mortgagee for the return of interest payments which the mortgagor claims are excessive.…
1947 N.Y. Misc. LEXIS 2267 · 0 views
Decedent and her husband both died on May 8, 1946, from natural causes.…
1947 N.Y. Misc. LEXIS 2268 · 3 views
Decedent and his wife both died on May 8, 1946, from natural causes.…
1947 N.Y. Misc. LEXIS 2269 · 1 views
The objections of the respondent Margaret Hamm are overruled and dismissed and the application to sell the decedent’s realty at public or private sale for the purposes set forth in the petition is granted.…
1947 N.Y. Misc. LEXIS 2275 · 3 views
In this action by a real estate broker to recover commissions from the owner of certain realty for whom he claims he produced a buyer, the owner has impleaded the alleged buyer by serving on him a third party summons and complaint, pursuant to section 193-a of the Civil Practice Act (added by L.…
1947 N.Y. Misc. LEXIS 2276 · 3 views
This is a motion, pursuant to subdivision 4 of section 193-a of the Civil Practice Act, made by the third party defendants to dismiss the third party complaint on the grounds of improper joinder, that the same questions of law and fact are not involved in both causes of action, and that a joint trial would result in a…
1947 N.Y. Misc. LEXIS 2277 · 0 views
Application for leave to serve an amended notice of claim so as to include a verification thereof.…
1947 N.Y. Misc. LEXIS 2278 · 1 views
The defendant, having accepted the suggestion of the court at the close of the plaintiff’s case and reserving its motion to dismiss at that time, now at the close of the entire case moves first to dismiss the complaint with the same force and effect as if made at the close of the plaintiff’s case, and at the close of…
1947 N.Y. Misc. LEXIS 2279 · 0 views
The appellant herein was convicted of a violation of subdivisions d, e and f, of section 53, and subdivisions (a) and (b) of section 49 of the Bules and Begulations of the Department of Parks of the City of New York, in that he operated a tow truck on the Henry Hudson Parkway without a permit for that purpose from the…
1947 N.Y. Misc. LEXIS 2282 · 3 views
This is an application for letters of administration made by the designee of two first cousins on the maternal side who allege that they are decedent’s only distributees.…
1947 N.Y. Misc. LEXIS 2290 · 1 views
Motion to confirm award denied. With respect to the contention of the respondent that the collective bargaining agreement expired on August 31, 1946, and that the arbitrator was without power to act thereafter, I am of opinion that this point is untenable.…
1947 N.Y. Misc. LEXIS 2292 · 0 views
Defendant moves to dismiss the complaint upon the ground that the alleged cause of action stated therein is against public policy and barred by sections 61-b, 61-d, 61-e, 61-f and 61-g of article 2-A of the Civil -Practice Act.…
1947 N.Y. Misc. LEXIS 2294 · 2 views
Claimant moves for leave to amend the claim heretofore filed herein in the respects shown in the proposed amended claim which it has attached to the moving papers and which it asks leave to file herein.…
Kemp v. Rubin Page 2295
1947 N.Y. Misc. LEXIS 2295 · 1 views
In 1939 eighteen owners of real property on 177th Street between 112th and 114th Avenue, in the Addisleigh section of St. Albans, Queens County, executed a restrictive covenant' reciting ‘ ‘ that no part of the land now owned by the parties hereto * * * shall ever be used or occupied, or sold, conveyed, leased, rented…
1947 N.Y. Misc. LEXIS 2296 · 4 views
The appellants herein were convicted under thirty-eight complaints charging violations of the New York State War Emergency Act (L.…
1947 N.Y. Misc. LEXIS 2298 · 3 views
Relator, Edythe Michael, and defendant, Julius Michael, were married in New York, June 1, 1939.…
1947 N.Y. Misc. LEXIS 2299 · 0 views
Memorandum Under authority of Matter of City of New York (Bronx River Parkway Extension) (N.…
1947 N.Y. Misc. LEXIS 2302 · 2 views
The complaint alleges that' the plaintiffs were originally tenants of the defendant pursuant to a written lease.…
1947 N.Y. Misc. LEXIS 2306 · 2 views
This is a proceeding brought by the New York County Lawyers’ Association charging that the respondent, Bernard Bercu, a certified public accountant, is engaged in the unlawful practice of the law.…
1947 N.Y. Misc. LEXIS 2307 · 0 views
When this cause came on for trial the parties made preliminary motions.…
1947 N.Y. Misc. LEXIS 2308 · 9 views
Memorandum If notice were required under section 232-a of the Real Property Law, the notices here given as provided for under the lease were sufficient.…
1947 N.Y. Misc. LEXIS 2309 · 0 views
Defendant is the owner of four contiguous lots consisting of Nos. 137, 139 and 141 East 71st Street and No. 986 Lexington Avenue, the whole comprising the northeast corner of Lexington Avenue and 71st Street, a plot of some 54 feet on 71st Street and about 122 feet on Lexington Avenue.…
Huber v. Ruby Page 2310
1947 N.Y. Misc. LEXIS 2310 · 0 views
This is an action wherein plaintiff prays for a declaratory judgment and for an injunction.…
1947 N.Y. Misc. LEXIS 2311 · 3 views
In this executors’ accounting proceeding petitioners seek advice and instruction with respect to proration of estate taxes paid by the executors.…
1947 N.Y. Misc. LEXIS 2312 · 2 views
This application by order to show cause seeks to restrain the Board of Elections of the Village of G-reenport from placing on the ballot for the coming village election the names certified to the said board as the candidates of the Bepublican Party on the ground that the caucus at which the nominees were selected was…
1947 N.Y. Misc. LEXIS 2315 · 1 views
The above-captioned three claims arose from the same accident, were tried together, and will be dealt with in a single opinion.…
In re Eaton Page 2318
1947 N.Y. Misc. LEXIS 2318 · 0 views
The petitioner seeks the appraisal of her stock in the Hinman Milking Machine Company and the purchase thereof by the company at the appraised valuation.…
1947 N.Y. Misc. LEXIS 2319 · 2 views
The plaintiff is a French corporation. A previous action brought by it against this defendant was dismissed by order of the Appellate Division in June, 1943, and the order and judgment of the Appellate Division were subsequently affirmed by the Court of Appeals (266 App.…
1947 N.Y. Misc. LEXIS 2320 · 1 views
The plaintiff, Emma F. Sippell, was married to one William D.…
1947 N.Y. Misc. LEXIS 2321 · 2 views
The decedent died a resident of Washington County on November 8, 1945, at the age of sixty-eight years.…
1947 N.Y. Misc. LEXIS 2323 · 0 views
Official Referee. By order dated January 10,1947, this undefended action for annulment was referred • to me as Official Referee by Mr. Justice Hoestadteb from Special Term, Part I, Bronx County, to hear and report.…
1947 N.Y. Misc. LEXIS 2324 · 4 views
The plaintiffs brought an action to recover damages for personal injuries and loss of services respectively against the defendants, Hyle Holding Corporation and Louis Pignatore.…
1947 N.Y. Misc. LEXIS 2326 · 0 views
(dissenting). The question presented is whether the landlord comes within any of the exceptions set forth in section 8 of chapter 3 of the Laws of 1945, as amended by - chapter 272 of the Laws of 1946.…
1947 N.Y. Misc. LEXIS 2329 · 0 views
The above-entitled actions were originally brought to collect the proceeds of life insurance policies issued on the life of the deceased, Glenn H.…
1947 N.Y. Misc. LEXIS 2330 · 3 views
Claimant’s properties, abutting upon State Highway 12B and known by numbers 10 and 15 Franklin Avenue, in the village of Clinton, were damaged on September 25, 1945, by flood waters which, because of the inadequacy of certain culverts and the storm-water sewer system thereat, had overflowed onto the highway and the…
1947 N.Y. Misc. LEXIS 2335 · 1 views
On March 15, 1946, at 12:30 p.m. the appellants, thirteen in number, as part of a prearranged plan, carried placards into City Hall Park and were shouting disapproval of Winston Churchill who was then the guest of the Mayor of the City of New York.…
1947 N.Y. Misc. LEXIS 2336 · 2 views
The plaintiffs are copartners engaged in the cigarette vending business.…
People v. Tobin Page 2337
1947 N.Y. Misc. LEXIS 2337 · 0 views
The complaint of disorderly conduct charges that, with intent to provoke a breach of the peace, and under circumstances whereby a breach of the peace might be occasioned, the defendants, to the great annoyance of the management and employees of the said premises (in front of premises at the northwest corner of 42nd…
1947 N.Y. Misc. LEXIS 2341 · 0 views
This is a special proceeding brought pursuant to the provisions of section 1458 of the Civil Practice Act to restrain permanently an arbitration proceeding instituted by the respondent.…
1947 N.Y. Misc. LEXIS 2347 · 2 views
The plaintiff herein moved this court by notices of motion returnable on the 17th day of December, 1946, (1) for a modification of a decree of separation entered hereon on the 1st of November, 1940, and (2) for leave to enter a money judgment for accumulated alimony unpaid under the provisions of said judgment.…
Blaine v. Clark Page 2348
1947 N.Y. Misc. LEXIS 2348 · 1 views
This is an action for treble plaintiff under subdivision (e) of section 205 of the Emergency Price Control Act of 1942, as amended (U.…
Jones v. Jones Page 2354
1947 N.Y. Misc. LEXIS 2354 · 0 views
Subdivision (1) of section 92 of the Hew York City Domestic Relations Court Act (L.…
1947 N.Y. Misc. LEXIS 2357 · 0 views
Plaintiff brings this action against the defendants to recover the sum of $275.…
1947 N.Y. Misc. LEXIS 2359 · 4 views
This action is brought by plaintiff to recover damages resulting from the death of plaintiff’s intestate upon allegations of negligence of defendant, Rockefeller, Jr. Plaintiff’s intestate was employed by C.…
1947 N.Y. Misc. LEXIS 2361 · 2 views
The plaintiff corporation is the owner of premises 850 Manida Street, The Bronx, a plot of ground known as Mock 2740, lot 62, on the county land map.…
1947 N.Y. Misc. LEXIS 2365 · 3 views
This is an action brought by Cranford Company, Inc. (Cranford), for determination by the court of the order of priority of the various liens and claims existing against certain funds due to defendant L.…
1947 N.Y. Misc. LEXIS 2372 · 0 views
Defendant brings this motion under rule 107 of the Buies of Civil Practice, to dismiss the complaint upon the ground that the contract on which the cause of action is founded is unenforcible under the provisions of the Statute of Frauds.…
1947 N.Y. Misc. LEXIS 2375 · 0 views
This motion made by the defendant for summary judgment under rule-113 of the Rules of Civil Practice is granted.…
1947 N.Y. Misc. LEXIS 2381 · 0 views
On January 3, 1947, Isidore Cohn died in the city of Buffalo in what then appeared to be the most humble of circumstances.…
1947 N.Y. Misc. LEXIS 2382 · 2 views
Memobandum It clearly appears from all the attendant circumstances surrounding the making of the lease herein that it was the intention and understanding of the parties thereto that the phrases, “ duration of the war ” and “ end of the war ”, were to mean that day which marked the end of actual hostilities with our…
1947 N.Y. Misc. LEXIS 2383 · 2 views
This motion to dismiss the complaint for factual insufficiency is denied.…
1947 N.Y. Misc. LEXIS 2384 · 1 views
Under the authority contained in section 100-c of the Banking Law of the State of New York, on June 21, 1945, petitioner established its “ Discretionary Security Trust Fund ‘ A ’ ”, herein referred to as the “ trust fund ”, and proceeded to place therein funds aggregating nearly one and a half millions of dollars from…
1947 N.Y. Misc. LEXIS 2386 · 2 views
The petitioning board instituted a proceeding to compel the defendant owner of an apartment house *550to bargain collectively, etc., with the union and reinstate an employee with pay, etc.; the board moves upon “ the entire record of the proceedings before the Board, including the pleadings, notice of hearing…
1947 N.Y. Misc. LEXIS 2388 · 2 views
Plaintiff is the president of an unincorporated association existing to promote the welfare and develop the cultural life of the Negro in the community with special emphasis upon the contribution made by the Negro.…
1947 N.Y. Misc. LEXIS 2390 · 4 views
Final order affirmed, with $25 costs. Concur: Hammer, Shientag and Eder, JJ.
1947 N.Y. Misc. LEXIS 2392 · 0 views
Plaintiff seeks to amend a notice of claim so as to increase the amount sought -and to correct the period of time affecting the-amount assertedly due.…
1947 N.Y. Misc. LEXIS 2398 · 1 views
BetAveen the hours of 3:00 and 4:00 p.m. on March 24,1947, the defendant was observed in the vicinity of his tailor shop at 189 Third Avenue, in the county and city of New York, by the arresting officer, who testified that during that time several men approached the defendant, consulted scratch sheets containing…
1947 N.Y. Misc. LEXIS 2399 · 2 views
The petitioner is the trustee of an express trust under a declaration of trust.…
1947 N.Y. Misc. LEXIS 2400 · 0 views
Defendant, a New Jersey corporation maintaining its corporate office at Hoboken, New Jersey, but doing business within this State at its general offices at No. 1 Broadway, New York City, which city is the principal port for defendant’s ships, moves this court to refuse to exercise jurisdiction in this action and to…
1947 N.Y. Misc. LEXIS 2402 · 0 views
This is a summary proceeding commenced in October, 1946, by the landlord to obtain possession of real property for his own use.…
1947 N.Y. Misc. LEXIS 2404 · 5 views
By writing dated July 29, 1946, relator, Anne Isabelle Davidson Harris, an intelligent and educated woman, twenty-eight years of age, unconditionally surrendered her' infant daughter, Stephanie Ann Burris, born October 19, 1939, to the Commissioner of Welfare of the City of New York for the purpose of placing such…
1947 N.Y. Misc. LEXIS 2405 · 2 views
Memorandum The so-called binder by its very terms was conditional, and there was therefore no meeting of the minds of the sellers and proposed purchaser.…
1947 N.Y. Misc. LEXIS 2406 · 2 views
This is an action brought to recover from the defendant insurance company (Insurance Law, § 167), the amount of two judgments obtained by the two plaintiffs against one Vincent J.…
1947 N.Y. Misc. LEXIS 2409 · 2 views
After adherents of the American Federation of Labor and Congress of Industrial Organizations Unions had competed for a long time at plaintiff’s plant in their respective efforts to organize plaintiff’s employees, they petitioned the National Labor Relations Board to hold a “ consent election ” and permit the employees…
1947 N.Y. Misc. LEXIS 2411 · 4 views
Memorandum Subdivision (e) of section 2 of the Commercial Bent Law (L.…
1947 N.Y. Misc. LEXIS 2413 · 4 views
This is an action instituted pursuant to article 23-A of the General Business Law (Martin Act), to permanently enjoin the defendant from engaging in the securities business in the State of New York.…
1947 N.Y. Misc. LEXIS 2414 · 4 views
The proceeding is in the nature of mandamus.…
1947 N.Y. Misc. LEXIS 2415 · 0 views
The relatpr was convicted of assault, second degree, in the Broome County Court on September 30, 1926, and sentenced to a definite term of ten years.…
1947 N.Y. Misc. LEXIS 2416 · 4 views
Plaintiff was and still is a stockholder of defendant A.…
Remch v. Grabow Page 2420
1947 N.Y. Misc. LEXIS 2420 · 2 views
Motion by third party defendant to dismiss the third party complaint.…
1947 N.Y. Misc. LEXIS 2422 · 0 views
On this compulsory judicial settlement proceeding a dispute has arisen over-the amount of commissions to which the executor is entitled, which in turn depends upon whether certain provisions of the will herein constitute a specific or general devise or legacy.…
1947 N.Y. Misc. LEXIS 2424 · 0 views
Petitioners challenge the validity of the election of directors of the respondent, Bushwick Savings and Loan Association (hereinafter referred to as the “Association”), because of alleged irregularities, and bring this application pursuant to section 25 of the General Corporation Law to have themselves declared to be…
1947 N.Y. Misc. LEXIS 2425 · 0 views
This motion is brought for leave to renew a prior motion to intervene, decided adversely to the relators and for an order vacating the order entered on the prior decision and for a new order allowing the relator, Lehigh Valley Railroad Company, to intervene in certain pending certiorari proceedings (189 Misc.…
1947 N.Y. Misc. LEXIS 2429 · 1 views
This is an action to annul a marriage. The action was commenced February 3, 1947.…
1947 N.Y. Misc. LEXIS 2430 · 0 views
The question submitted to this court for decision is the proper distribution of the corpus of the trust fund created by article first of the will of Mary Rebecca Ray, dated April 12, 1872..…
1947 N.Y. Misc. LEXIS 2431 · 2 views
Memorandum It appears that this proceeding was brought for nonpayment of rent.…
1947 N.Y. Misc. LEXIS 2432 · 0 views
The court reserved decision on the defendant’s motion for a mistrial when made during the summation of plaintiff’s attorney and also when 'repeated after the jury returned its verdict.…
1947 N.Y. Misc. LEXIS 2435 · 0 views
In this application for an order to show cause the landlord seeks 11 to strike out the word discontinued which was marked upon the record of this Court on November 7, 1946, and to place this case on the General Reserve Calendar and to mark the stipulation submitted herewith and marked Exhibit A ‘ So ordered,’ nunc pro…
In re Singer Page 2436
1947 N.Y. Misc. LEXIS 2436 · 5 views
Petitioner, a shareholder of the State Laundry Co., Inc., owning or interested in one fifth of the issued and outstanding stock of that corporation, seeks an order setting aside a meeting of the stockholders of the corporation held on April 8, 1947, at which directors were removed and new directors elected.…
1947 N.Y. Misc. LEXIS 2437 · 0 views
Memorandum The tenant transferred her entire estate in the lease without retaining a technical reversion.…
1947 N.Y. Misc. LEXIS 2438 · 5 views
This action is for damage sustained by plaintiff in an automobile collision with defendant on April 17,1945.…
1947 N.Y. Misc. LEXIS 2440 · 0 views
This is a summary proceeding to evict the.…
1947 N.Y. Misc. LEXIS 2442 · 1 views
The decedent herein died on the 13th day of February, 1945.…
1947 N.Y. Misc. LEXIS 2444 · 6 views
It is urged by the respondent that this court was ousted of jurisdiction in this matter for the reason that the Supreme Court of the State of New York, Kings County, in an action instituted by the petitioner herein, has assumed jurisdiction of the persons and the subject matter litigated in this court.…
Boone v. Boone Page 2445
1947 N.Y. Misc. LEXIS 2445 · 2 views
In this proceeding for a support order respondent challenges the primary allegation that petitioner is his wife.…
1947 N.Y. Misc. LEXIS 2447 · 0 views
This court granted permission to appeal. The jury waiver provision in the lease carried over into the statutory tenancy (130 West 57 Corp. v. Hyman, 188 Misc.…
Scamp v. State Page 2453
1947 N.Y. Misc. LEXIS 2453 · 0 views
On July 21, 1945, claimant and bis wife were, and since 1930 had beén, the owners of a parcel of land about three fourths of an acre in area with a dwelling house and o'ther structures located thereon, and situate on the west side of Route No. 96 in Bushnell’s Basin, town of Perinton, Monroe County, New York.…
1947 N.Y. Misc. LEXIS 2454 · 1 views
Deceased drew her will on March 21, 1941.…
1947 N.Y. Misc. LEXIS 2458 · 0 views
Motion to dismiss complaint for legal insufficiency on the ground that it fails properly to plead the performance of certain conditions precedent.…
1947 N.Y. Misc. LEXIS 2459 · 0 views
Plaintiff moves to amend the notice of claim and intention to sue.…
1947 N.Y. Misc. LEXIS 2460 · 0 views
Petitioner in this proceeding is engaged in the advertising business and in such business he erects and maintains painted and electric advertising displays.…
1947 N.Y. Misc. LEXIS 2461 · 1 views
It appears that an action was instituted in this case by the plaintiff-judgment-creditor against the defendant-judgment-debtor.…
Olsen v. Olsen Page 2471
1947 N.Y. Misc. LEXIS 2471 · 6 views
Olava K. Olsen, hereinafter called “ Olava ”, and Harry M.…
1947 N.Y. Misc. LEXIS 2472 · 0 views
The executor seeks a construction of the will herein to determine whether a legacy of $2,500 given to the *684testator’s widow is a charge upon his house and lot which he specifically devised to a lady friend, who kept house for him.…
1947 N.Y. Misc. LEXIS 2473 · 0 views
Defendant Bertola applies for a certificate of reasonable doubt pending his appeal from a judgment of the Court of Special Sessions of the City of New York, convicting him of the crime of possessing adulterated and misbranded food (Agriculture and Markets Law, § 199-a).…
1947 N.Y. Misc. LEXIS 2474 · 0 views
In this probate proceeding a separate issue was formulated respecting the fact of death.…
1947 N.Y. Misc. LEXIS 2476 · 3 views
The decedent was a lawyer and was for several years an Assistant District Attorney of Erie County.…
1947 N.Y. Misc. LEXIS 2482 · 0 views
Plaintiff, in an action to recover damages for personal injuries, moves to vacate items 4 and 5 of defendant’s demand for a bill of particulars upon the ground that the acci*162dent in question occurred under circumstances that render the doctrine of res ipso loquitur applicable.…
1947 N.Y. Misc. LEXIS 2484 · 0 views
This is a proceeding to construe the will of the decedent.…
1947 N.Y. Misc. LEXIS 2493 · 0 views
Motion for summary judgment is denied with leave to renew.…
1947 N.Y. Misc. LEXIS 2495 · 0 views
This action was instituted by plaintiffs against the defendant Moshassuck Transportation Co. to recover the value of certain merchandise consisting of_ textiles owned by the plaintiffs, and which had been turned over to Moshassuck Transportation Co. for delivery to certain designated consignees in the city of New York.…
1947 N.Y. Misc. LEXIS 2499 · 1 views
Motion by judgment debtor to vacate subpoenas in supplementary proceedings, heretofore served upon the judgment debtor and upon the National Bronx Bank, as a *399third party, containing the usual restraining provisions.…
1947 N.Y. Misc. LEXIS 2500 · 2 views
Upon the facts hereinafter set forth, this proceeding is hereby marked ‘1 Reserved Generally ’ ’ pursuant to Family Court Rule XXIV, viz.: *857“ (a) There may be marked 1 Reserved Generally ’ any proceeding in which: * * * (2) As the result of petitioner’s * * ° action (including recourse to the Supreme Court of the…
1947 N.Y. Misc. LEXIS 2501 · 0 views
Motion to dismiss the complaint in an action on a foreign decree of divorce for the recovery of alimony alleged *145to be due thereunder.…
1947 N.Y. Misc. LEXIS 2507 · 2 views
This case came on for trial before the court without a jury.…
1947 N.Y. Misc. LEXIS 2510 · 2 views
Plaintiff brought this action upon an insurance policy issued by the defendant to recover the value of five cartons ■ and one package of merchandise belonging to the plaintiff, which goods were allegedly stolen while in transit.…
1947 N.Y. Misc. LEXIS 2522 · 0 views
In this judicial settlement proceeding construction of the will is requested in two respects.…
1947 N.Y. Misc. LEXIS 2527 · 3 views
The sole question presented for determination in this proceeding for the judicial settlement of the account of the administratrix is the status of the objectant who claims to be a daughter of decedent and entitled to share in his estate.…
1947 N.Y. Misc. LEXIS 2529 · 1 views
The landlord brought this dispossess proceeding to obtain possession of commercial space occupied by the tenants as statutory month-to-month tenants.…
Martin v. Huber Page 2531
1947 N.Y. Misc. LEXIS 2531 · 0 views
Motion granted. Two separate levies were made by the sheriff under the warrant of attachment.…
1947 N.Y. Misc. LEXIS 2534 · 0 views
In August, 1941, the plaintiff as tenant and defendant’s predecessor as landlord, entered into a lease of premises for commercial purposes, for a term ending January 31, 1947.…
1947 N.Y. Misc. LEXIS 2535 · 1 views
This is an action by a tenant and his wife to foreclose a tax lien acquired by them from the City of New York affecting the property of his landlord.…
1947 N.Y. Misc. LEXIS 2536 · 5 views
Petitioner requests maintenance and support in the sum of $25 a week from respondent as Ms wife.…
1947 N.Y. Misc. LEXIS 2537 · 1 views
Motion granted. The petitioner is a professional dancer and at present under engagement to perform in a cabaret in the borough of Manhattan.…
1947 N.Y. Misc. LEXIS 2538 · 0 views
(dissenting). With respect to Provident Loan my dissent is placed upon the ground that it, as a bailee, did not use that degree of care, before delivering the pledged article to Goldman, as a, reasonably prudent person should have done, in the circumstances.…
1947 N.Y. Misc. LEXIS 2539 · 2 views
Cross motions are made, petitioner on the one hand seeks the confirmation of an arbitrator’s award and the entry of judgment thereon, and on the other hand respondents, appearing specially, seek a dismissal of the petition on the ground of lack of jurisdiction over respondents, nonresident individuals and a foreign…
1947 N.Y. Misc. LEXIS 2540 · 7 views
This claimant is an infant who at the age of six years was admitted to the Newark State School, a State operated institution for the care of mentally deficient children.…
In re Barkin Page 2542
1947 N.Y. Misc. LEXIS 2542 · 7 views
This is an application “ for an order cancelling and discharging a certain notice of lien filed by the Department of Health of the City of New York, in the office of the Clerk of *359Queens County, on the 38th day of September, 1946, against Samuel Babkin, Mu.ton Babkin and Jesse H.…
1947 N.Y. Misc. LEXIS 2545 · 0 views
Memorandum The Office of Price Administra- tion certificate relating to eviction was issued under paragraph (1) of subdivision (b) of section 6 of the Bent Begulation for Housing in the New York City Defense-Bental Area (10 Federal Begister 11668) for the purpose of permitting demolition of the premises in question “…
1947 N.Y. Misc. LEXIS 2546 · 1 views
There has been presented to me a petition by-William J.…
1947 N.Y. Misc. LEXIS 2547 · 2 views
This is an application for leave to serve a notice of claim on the City of New York pursuant to the provisions of section 50-e of the General Municipal Law.…
1947 N.Y. Misc. LEXIS 2550 · 0 views
The petition alleges that three out of five owners in common of real property seek in good faith to recover possession for their immediate and personal use, and allege that they have an equity of not less than 25% of the purchase price and an interest of not less than 50% of the whole investment in the business which…
1947 N.Y. Misc. LEXIS 2553 · 1 views
Application by petitioner for an order staying arbitration and cross motion by respondent to compel arbitration.…
1947 N.Y. Misc. LEXIS 2554 · 5 views
This motion by plaintiff to further modify the final decree, due to changed conditions, by increasing the amount of alimony, referred by Mr. Justice Hallinan, is granted and amount is fixed at $24.01, being one half of defendant’s net income.…
1947 N.Y. Misc. LEXIS 2555 · 4 views
This is a proceeding brought under section 145-a of the Surrogate’s Court Act.…
1947 N.Y. Misc. LEXIS 2558 · 1 views
Action in replevin to recover possession of certain sewing machines or, in the alternative, damages in the sum of $3,400.…
1947 N.Y. Misc. LEXIS 2559 · 8 views
The defendant bank holds a balance of $52,505.73 in a deposit account standing in the name of A/S Merilaid & Co., a corporation organized under the laws of the Republic of Estonia.…
In re Anonymous Page 2560
1947 N.Y. Misc. LEXIS 2560 · 0 views
This is a support proceeding under the Children’s Court Act.…
1947 N.Y. Misc. LEXIS 2562 · 1 views
In denying the original motion (188 Misc.…
1947 N.Y. Misc. LEXIS 2570 · 3 views
Memorandum It was error to dismiss the landlord’s petition for failure to serve a thirty days’ notice to terminate the tenancy.…
1947 N.Y. Misc. LEXIS 2571 · 3 views
*424Memorandum The evidence establishes that from September 15, 1946, to and including September 30, 1946, the appellant was in occupancy and possession as tenant of the landlord.…
1947 N.Y. Misc. LEXIS 2572 · 0 views
Without an order of the court permitting such service, the plaintiff served the defendant in Puerto Eico with a summons and complaint which called upon the latter to appear and answer within six days from the date of service.…
Frost v. Frost Page 2573
1947 N.Y. Misc. LEXIS 2573 · 9 views
Two motions. The plaintiff’s motion is for an order directing the entry of a judgment for arrears in alimony, and the defendant, by cross motion, applies for a modification of the final judgment of divorce by eliminating the provision for alimony.…
1947 N.Y. Misc. LEXIS 2574 · 3 views
This motion is by the District Attorney of New York County for the dismissal of the petition on the grounds (1) of insufficiency; (2) that a review is sought of a determination in a criminal matter not involving a criminal contempt of court; (3) the Court of" General Sessions has jurisdiction of the petitioner and of…
1947 N.Y. Misc. LEXIS 2578 · 1 views
In a proceeding to fix the emergency rent for certain business space, petitioner moves to vacate respondent’s demand for a bill of particulars.…
1947 N.Y. Misc. LEXIS 2580 · 1 views
Claimant sues to recover for damage sustained to his automobile in the early morning of March 24, 1944, when said automobile, while being driven upon New York State Highway Route 9W, also known as Storm King By-Pass, in the town of Cornwall, Orange County, New York, by his son with his *182"consent and permission…
1947 N.Y. Misc. LEXIS 2583 · 2 views
Petitioners, trustees under the will of this decedent, request a construction of paragraph “ Second ” of the will which reads as follows: “ Second: I give, devise and bequeath all the rest, residue and remainder of my estate, whatsoever its nature or kind and wheresoever situate to my Trustees hereinafter named in…
1947 N.Y. Misc. LEXIS 2585 · 3 views
Deceased subscribed the instrument propounded as her will under text which said: “ I have hereunto subscribed my name at the end hereof, and sealed, these presents and do publish and declare the foregoing as and for my last will * * (Italics supplied.) To the right of deceased’s subscription of the will there was a…
1947 N.Y. Misc. LEXIS 2586 · 2 views
One of the third party defendants moves to dismiss a third party complaint, claiming that no canse of action is stated.…
1947 N.Y. Misc. LEXIS 2588 · 1 views
Plaintiff, in an action for a judicial separation based on the grounds of (1) abandonment by the defendant on or about January 14, 1947; (2) cruel and inhuman treatment, and (3) refusal to provide suitably for her support and maintenance (Civ.…
Myer v. Myer Page 2589
1947 N.Y. Misc. LEXIS 2589 · 0 views
This'is a motion brought on by order, to show cause, asking that the judgment debtor Bernard Myer be punished for his civil and criminal contempt in failing to obey an Oral order of Mr. Justice Hofstadteb* The Judgment debtors Jerome, Philip and Bernard Myer are trustees of an inter vivas trust set up by the…
1947 N.Y. Misc. LEXIS 2591 · 3 views
Memorandum There is nothing, in the record to warrant a finding that the landlord does not intend to use the Office of Price Administration certificate for the purpose for which it was issued.…
1947 N.Y. Misc. LEXIS 2592 · 0 views
This is an action in strict foreclosure, the purpose of which is to extinguish, the right of redemption of defendant in certain real property and in which plaintiff asks that a judgment be entered fixing the right of defendant in said real property and that said judgment shall provide that a failure by defendant to…
1947 N.Y. Misc. LEXIS 2593 · 1 views
The defendant, Consuelo W. Ford, and her husband own and occupy a farm residence in a secluded section of Columbia County.…
1947 N.Y. Misc. LEXIS 2595 · 0 views
The compensation requested by the attorney-trustee for the legal services rendered by Mm appears to be reasonable, and will be allowed in the amount requested.…
People v. Tator Page 2599
1947 N.Y. Misc. LEXIS 2599 · 0 views
The defendant was convicted of the charge of violating subdivision 6 of section 70 of the Vehicle and Traffic Law.…
1947 N.Y. Misc. LEXIS 2601 · 6 views
The petitioner, who is the income beneficiary ■ of one of the trusts and also a cotrustee, asks a construction of the will and instructions as to whether certain shares of stock issued by a corporation constituted a stock dividend.…
1947 N.Y. Misc. LEXIS 2602 · 2 views
In the proceeding for the probate of the last will and testament of the decedent above named, petitioner prays for a construction of certain provisions of said will pursuant to section 145 of the Surrogate’s Court Act.…
1947 N.Y. Misc. LEXIS 2603 · 5 views
The complaint alleges • that the defendant Merman is engaged in the operation of a junk shop at 269 Ellery Street, in the borough of Brooklyn, city of New York, and that, having failed to obtain a junk dealer’s license, he is conducting this shop in violation of section B32-114.0 of the Administrative Code of the City…
1947 N.Y. Misc. LEXIS 2604 · 3 views
Verdicts have heen returned in favor of both plaintiffs against the defendant, Frank G-.…
1947 N.Y. Misc. LEXIS 2606 · 2 views
Motion by the third party defendant for an order pursuant to section 193-a of the Civil Practice Act and subdivision 5 of rule 106 of the Buies of Civil Practice, vacating the *158service of the third party summons and complaint herein and dismissing the said third party complaint upon the grounds that the third party…
Bleeck v. State Page 2608
1947 N.Y. Misc. LEXIS 2608 · 2 views
This claim was filed pursuant to chapter 927 of the Laws of 1946, an enabling act.…
1947 N.Y. Misc. LEXIS 2609 · 0 views
A warrant of attachment was issued against the property of the defendant Country Distillers Products, Inc. (hereafter called defendant or corporate defendant); the warrant was served on Foster & Company, not a party to the action; it moves, under the provisions of section 948 of the Civil Practice Act to vacate and…
People v. Komar Page 2610
1947 N.Y. Misc. LEXIS 2610 · 1 views
The appellant herein was convicted in the City Magistrate’s Court, War Emergency District, The Bronx, on three separate complaints charging: (1) That the appellant-landlord demanded and received for certain housing accommodations rent in excess of that pre*257scribed by subdivision (a) of section 4 of the Bent…
1947 N.Y. Misc. LEXIS 2616 · 4 views
Plaintiffs own the real estate situated on the south side of Main Street West between Ford Street and Favor Street, in the city of Bochester, New York.…
1947 N.Y. Misc. LEXIS 2618 · 0 views
Memorandum: Separate actions were instituted by two groups of employees to recover alleged overtime compensation, liquidated damages and counsel fees under the Fair Labor Standards Act of 1938 (U.…
1947 N.Y. Misc. LEXIS 2619 · 0 views
This proceeding was instituted pursuant to subdivision 1 of section 330 of the Election Law.…
1947 N.Y. Misc. LEXIS 2622 · 0 views
Final order and judgment affirmed, with $25 costs.…
1947 N.Y. Misc. LEXIS 2623 · 0 views
The executors have failed to sustain the burden of establishing a change of domicile by the decedent from New York to France.…
Waff v. Waff Page 2630
1947 N.Y. Misc. LEXIS 2630 · 5 views
This is an annulment action. It appears that the plaintiff was divorced from her first husband in 1930, and since that time she raised and supported her three children for seventeen years by working and operating a rooming house in that part of Buffalo, New York, known as South Buffalo.…
1947 N.Y. Misc. LEXIS 2631 · 1 views
The problem presented on this motion, is the applicability of the provisions of section 249-q of the Tax Law which provide for exemptions in favor of the widow and sons of this decedent.…
Saks v. Saks Page 2638
1947 N.Y. Misc. LEXIS 2638 · 10 views
The problem presented in this proceeding is the determination of the paternity of the child, Karl Bernard.…
1947 N.Y. Misc. LEXIS 2643 · 0 views
In this action to recover on three notes to the order of plaintiff’s assignor, plaintiff (a clerk in the office of the assignor’s attorneys) is the nominal assignee of the Boston and Albany Employees Credit Union.…
1947 N.Y. Misc. LEXIS 2645 · 2 views
Plaintiff insurance company brings this action against its insured to recover insurance premiums in the sum of $1,266.88.…
1947 N.Y. Misc. LEXIS 2647 · 0 views
On June 18, 1942, the defendant was found guilty of murder in the first degree, for the killing of one Michael J.…
1947 N.Y. Misc. LEXIS 2651 · 0 views
Defendants move to reopen this case and for leave to amend their answer to plead that their failure to pay overtime compensation under the Fair Labor Standards Act of 1938 (U.…
1947 N.Y. Misc. LEXIS 2655 · 0 views
This is a certiorari proceeding brought to set aside an assessment on property owned by the relator on the ground that the property is exempt from taxation pursuant to section 4 of article 1 of the Tax Law.…
1947 N.Y. Misc. LEXIS 2663 · 2 views
Relator, a religions corporation, the owner .of chnrch property located in the borough of Manhattan, denied exemption from taxation of its property, seeks a review of that determination.…
1947 N.Y. Misc. LEXIS 2672 · 0 views
Defendant moves for summary judgment. The facts are conceded for the purpose of this motion, and they are as follows: Deceased was wholly disabled from October 19, 1943, to July 2,1945, when he died.…
1947 N.Y. Misc. LEXIS 2680 · 0 views
A jury has awarded plaintiff a verdict of $8,251.56 for loss of lettuce and romaine due to failure of defendant to provide an adequate transformer for supply of electric current to a cold storage plant leased by plaintiff, and to timely replace the transformer.…
1947 N.Y. Misc. LEXIS 2686 · 2 views
A tort judgment was secured against the defendants herein, one of whom, Mr. Wayman, was insured with the General Accident Fire and Life Assurance Corporation, Ltd., which company ultimately paid the entire judgment.…
1947 N.Y. Misc. LEXIS 2687 · 1 views
It appears from the moving papers herein that an agreement for the sale of certain real property located in the town of Lebanon, Columbia County, Was entered into by the Home Owners’ Loan Corporation and petitioner on or before February, 1941, which contract provided for the delivery of a deed of such property to…
1947 N.Y. Misc. LEXIS 2692 · 0 views
When the complaint is read carefully in search of its factual theory and a great many statements of proceedings in this court are sifted out, it will he seen that one of the essential things plaintiff complains of is that the Commissioner of Agriculture and Markets should have renewed his license *404because some of…
1947 N.Y. Misc. LEXIS 2693 · 0 views
This claim is for damages to the automobile of the claimant due to the alleged negligence of the State of New York, its officers and employees, and was filed in the office of the Clerk of the Court of Claims on Juné 20, 1947, and as appears by the evidence has not been assigned or submitted to any other court or…
1947 N.Y. Misc. LEXIS 2700 · 0 views
This matter was returnable at Special Term of this court June 25,1947.…
1947 N.Y. Misc. LEXIS 2701 · 3 views
On April 8, 1946, the claimant, Raymond Breslin, then sixteen years of age, was an inmate of the New York State Training School for Boys at Warwick, New York, an institution for delinquent boys.…
1947 N.Y. Misc. LEXIS 2703 · 3 views
The defendants* Soldier’s and Sailor’s Memorial Hospital of Yates County and the Women’s Society of Christian Service of the First Methodist Church of Penn Yan have not appeared in this action.…
1947 N.Y. Misc. LEXIS 2704 · 0 views
Motion for the appointment of an official referee to hear, report upon and continue the examination under the provisions of section 263 of the Surrogate’s Court Act is granted.…
1947 N.Y. Misc. LEXIS 2706 · 0 views
Petitioner landlord has moved pursuant to subdivision (e) of section 2 of the Commercial Rent Law (L.…
1947 N.Y. Misc. LEXIS 2709 · 3 views
Plaintiff sues to recover damages for libel.…
1947 N.Y. Misc. LEXIS 2710 · 0 views
This motion is by plaintiff, Public Administrator of the County of New York, as administrator of the estate of the deceased, for an extension of time to serve a notice of claim under subdvision 5 of section 50-e of the General Municipal Law.…
People v. Laman Page 2712
1947 N.Y. Misc. LEXIS 2712 · 4 views
This is a motion for a severance and a separate trial of counts 1, 6, 7, 8, 9, 10 and 11 of the indictment pending against the defendant.…
1947 N.Y. Misc. LEXIS 2713 · 1 views
The plaintiff and the defendants are owners of lots in the same real estate subdivision, which are subject to a common covenant running with the land, containing certain restrictions, including a provision that the owner “ 2.…
1947 N.Y. Misc. LEXIS 2714 · 3 views
This is one of twelve pending summary proceedings commenced by the landlord to recover possession of premises described in the respective petitions, which are occupied by the several tenants for dwelling, purposes.…
1947 N.Y. Misc. LEXIS 2718 · 0 views
In this proceeding for dispossession of tenant and undertenants on the ground that the demised premises in a class A fireproof multiple dwelling are being used illegally for single-room occupancy and do not conform with section 248 of the Multiple Dwelling Law, no notice of violation of that section was served by the…
Burns v. Hayes Page 2719
1947 N.Y. Misc. LEXIS 2719 · 1 views
Defendants move to dismiss the complaint on the ground that the complaint and its allegations fail to state facts sufficient to constitute a cause or causes of action, (Buies Civ.…
1947 N.Y. Misc. LEXIS 2720 · 1 views
This is a proceeding for the judicial settlement of his account by the executor of the last will and testament of Perry >W.…
1947 N.Y. Misc. LEXIS 2722 · 1 views
In 1932 claimant, under the name of George Conklin, was convicted of an attempt to commit burglary second degree, and was sentenced, as a second offender, to the New York State prison at Auburn, New York, for a term of seven years, six months, commencing April 6,1932.…
1947 N.Y. Misc. LEXIS 2724 · 1 views
Plaintiff is in the business of manufacturing crushed stone.…
1947 N.Y. Misc. LEXIS 2725 · 4 views
Recognizing the existence of a public emergency due to an insufficient supply of dwelling accommodations for returning veterans of World War II and their families and others, the Legislature of this State in January, 1946, enacted and Governor Thomas E.…
Reese v. State Page 2726
1947 N.Y. Misc. LEXIS 2726 · 6 views
Claimants, who are husband and wife, at all times herein mentioned, were the owners of a parcel of land with a dwelling and other structures located thereon, consisting of 80 acres, more or less, situate in the town of Southport, county of Chemung, New York.…
1947 N.Y. Misc. LEXIS 2731 · 2 views
This discovery proceeding instituted against decedent’s brother, William, involves the ownership and right to possession of a savings bankbook and the moneys represented thereby.…
1947 N.Y. Misc. LEXIS 2735 · 1 views
The twenty-one-month-old son of the plaintiff administratrix went through an iron picket fence on the roof of a multiple dwelling owned by the defendant and in which they resided, and fell nine stories to his death.…
1947 N.Y. Misc. LEXIS 2737 · 0 views
This is a motion hy the plaintiff to strike out an affirmative defense set forth in the answer on the ground that said defense is sham.…
Baxter v. State Page 2742
1947 N.Y. Misc. LEXIS 2742 · 1 views
This is a motion for leave to file a claim against the State of New York for assault and battery, false arrest, false imprisonment and malicious prosecution alleged to have been committed by officers and employees of the State of New York.…
1947 N.Y. Misc. LEXIS 2743 · 3 views
Plaintiff moves for an injunction pendente lite restraining the defendants from indulging in any course of conduct which tends to interfere with plaintiff’s rights under his agreement with certain hotels, and from inducing breaches of that contract.…
1947 N.Y. Misc. LEXIS 2744 · 1 views
Plaintiff, a member of The American Legion,' summoned to answer charges which if sustained may lead to his expulsion from that organization, seeks an injunction, pendente lite, to stay all proceedings against him.…
Wyker v. State Page 2747
1947 N.Y. Misc. LEXIS 2747 · 0 views
Official Referee. There has been referred to the undersigned Referee by order of the Court of Claims, to hear and determine, a certain motion made by the State to dismiss this claim on the principle of -res judicata because of a prior judgment of the Court of Claims in favor of the James Frazee Milling Company, a…
1947 N.Y. Misc. LEXIS 2748 · 2 views
Plaintiff has brought suit against the City of New York and two doctors, employed by the city at the Morrisania Hospital, to recover damages for injuries alleged to have been sustained as a result of the doctors’ negligence.…
1947 N.Y. Misc. LEXIS 2750 · 11 views
The defendant, Village of Mineóla, moves to dismiss for insufficiency complaints in five actions brought against it.…
1947 N.Y. Misc. LEXIS 2753 · 0 views
This action is in libel. Pursuant to an order of this court made January 31,1946, the plaintiff was examined before trial within this State, the examination being concluded on April 3, 1946.…
1947 N.Y. Misc. LEXIS 2754 · 0 views
This is an application, under section 110-a of the Civil Practice Act, by defendant in a Municipal Court action to transfer that action to this court for trial, on the ground that the damages sustained by the defendant and claimed in its counterclaim are in excess of the jurisdictional amount for which the Municipal…
1947 N.Y. Misc. LEXIS 2758 · 2 views
Memorandum The action is for alleged tort.…
1947 N.Y. Misc. LEXIS 2759 · 0 views
Plaintiff sues his wife’s parents, and others, alleging a partnership; the parents pleaded facts showing that he was the agent for their daughter, his wife, saying in effect that he was not the real party in interest.…
1947 N.Y. Misc. LEXIS 2763 · 1 views
Objection heretofore filed by the widow of the decedent to the executor’s failure to provide for perpetual care of testator’s grave is dismissed.…
1947 N.Y. Misc. LEXIS 2768 · 1 views
Memorandum In determining whether reasonable care has been used by the city in clearing streets and walks after a snowfall, it is proper to consider the amount of snow required to be moved, the number of miles of sidewalk and roadway, the means and methods used to remove the snow and the condition of the sidewalks in…
1947 N.Y. Misc. LEXIS 2771 · 1 views
Plaintiff has instituted an action for a separation from her husband.…
1947 N.Y. Misc. LEXIS 2777 · 2 views
Memorandum It was error to dismiss the petition on the theory that there was a partial constructive eviction.…
Kaplan v. Walsh Page 2778
1947 N.Y. Misc. LEXIS 2778 · 1 views
Memorandum The answering affidavit presents no triable issue of fact.…
1947 N.Y. Misc. LEXIS 2779 · 0 views
In this accounting proceeding, accountants seek a determination as to the validity and effect of the notice of election filed by the widow of testator to take an intestate share of his estate as against the terms of his will.…
1947 N.Y. Misc. LEXIS 2782 · 0 views
The petitioners seek to have the propounded instrument, dated May 13, 1938, admitted to probate and, upon its admission as the will of the decedent, for a construction of its provisions for the purpose of determining whether, by its terms, the contents of certain envelopes found in the safe deposit box of testatrix…
1947 N.Y. Misc. LEXIS 2789 · 3 views
The defendants have moved' to dismiss the complaint and amended complaint on the grounds that the plaintiff has no legal capacity to sue and that neither the complaint nor the amended complaint state facts sufficient to constitute a cause of action-.…
Lutgen v. Kagan Page 2804
1947 N.Y. Misc. LEXIS 2804 · 1 views
By an agreement dated January 16,1946, the plaintiffs agreed with the defendants to purchase the latter s’ two-family dwelling, subject to the monthly tenancy of the tenant, not a party to the agreement.…
1947 N.Y. Misc. LEXIS 2808 · 2 views
Plaintiff, suing individually and as President of the New York City Local Joint Executive Board of defendant union (hereinafter referred to as “ local board ”), seeks an injunction pendente lite restraining defendants from taking over the property and control of the local hoard.…
1947 N.Y. Misc. LEXIS 2814 · 0 views
The trustee is accounting for two separate trusts created by the testator.…
Gomez v. Altman Page 2815
1947 N.Y. Misc. LEXIS 2815 · 0 views
The plaintiff sues both defendants in one action but alleges a cause of action against each separately; each is for slander, but not on the same occasion.…
1947 N.Y. Misc. LEXIS 2817 · 0 views
Plaintiff moves for judgment on the pleadings under rule 112 of the Rules of Civil Practice, and as such a motion searches the record the defendant requests judgment in its favor.…
1947 N.Y. Misc. LEXIS 2818 · 1 views
The testatrix died on April 25, 1947, leaving a will dated January 3, 1941, which has been admitted to probate, the second paragraph of which, provides as follows: “ In view of the fact that my present husband Fred Smith has neglected to provide for me during the greater part of our married life, and in view of the…
1947 N.Y. Misc. LEXIS 2822 · 5 views
The defendant moves to set aside her plea of not guilty and interpose a demurrer.…
1947 N.Y. Misc. LEXIS 2827 · 0 views
Defendants, potato growers in Nassau County, New York, have violated and refused to obey a golden nematode quarantine order issued by plaintiff, Commissioner of Agriculture and Markets of the State of New York, in his effort to carry out the provisions of chapter 663 of the 1947 Laws of the State of New York enacted…
Levin v. Mede Page 2834
1947 N.Y. Misc. LEXIS 2834 · 2 views
The decision herein depends upon an interpretation of paragraph (4) of subdivision (a) of section 209 (U.…
1947 N.Y. Misc. LEXIS 2851 · 4 views
Decedent was a funeral director. He lived in the hamlet of Westtown and there conducted his business.…
1947 N.Y. Misc. LEXIS 2855 · 1 views
The validity of a personal judgment entered on April 10, 1934, in this summary proceeding is attacked by the defendant’s motion for an order vacating it.…
1947 N.Y. Misc. LEXIS 2856 · 0 views
Official Referee. This is an action for an injunction restraining the defendants from interference with a plot of ground in the town of Newfane, Niagara County, which has been used as a cemetery since prior to 1826, and in which plaintiff’s great-great-grandfather, a soldier in the Revolutionary War, and Ms wife were…
1947 N.Y. Misc. LEXIS 2857 · 1 views
The Annbest Apartments, Inc. (hereinafter referred to as the corporation), operates a furnished apartment house at 206 West 21st Street, New York City.…
1947 N.Y. Misc. LEXIS 2859 · 6 views
Eelator is the owner of a parcel of land in the county of Queens, City of New York, upon which it conducts a race track.…
1947 N.Y. Misc. LEXIS 2863 · 1 views
Petitioner seeks to review a determination made by respondent, 0.…
1947 N.Y. Misc. LEXIS 2865 · 1 views
Application by plaintiffs for a temporary injunction restraining defendants from interfering with or preventing plaintiff Lockwood from exercising his functions, duties and powers as pastor of St. John’s African Methodist Episcopal Church.…
1947 N.Y. Misc. LEXIS 2873 · 0 views
The respondents’ motions to dismiss this discovery proceeding instituted by one of four coexecutors against a brother and nephew of the decedent are denied.…
1947 N.Y. Misc. LEXIS 2874 · 1 views
At ór about 3:30 a.m. on March 4,1945, claimant, Alfred F.…
1947 N.Y. Misc. LEXIS 2880 · 0 views
Plaintiffs bring this action for an injunction prohibiting and restraining defendant from distributing or exhibiting a certain motion picture called “ The Jolson Story ”, and for an accounting by defendant of all profits realized by reason of the exhibition of the picture, plus a judgment against the defendant in the…
1947 N.Y. Misc. LEXIS 2881 · 0 views
One of the defendants is a receiver in supplementary proceedings.…
Price v. Morton Page 2886
1947 N.Y. Misc. LEXIS 2886 · 1 views
Petitioner was prevented from taking a civil service examination for the position of District Health Officer, Grade 4.…
1947 N.Y. Misc. LEXIS 2891 · 4 views
The landlord has instituted this summary proceeding seeking possession of an apartment upon the following ground stated both in his thirty-day notice terminating the tenancy and in his petition, to wit: “ Landlord is a practicing dentist and requires these premises in good faith for his use and occupancy as a dental…
1947 N.Y. Misc. LEXIS 2895 · 1 views
This is an application by relators by writ of habeas corpus for discharge from the House of Detention for Women pending an appeal from an allegedly unlawful sentence of the Court of Special Sessions.…
1947 N.Y. Misc. LEXIS 2902 · 3 views
On this judicial settlement proceeding oral request is made for determination of the decedent’s distributees, and whether or not her property escheats to the State óf Hew York.…
Lapin v. Lapin Page 2908
1947 N.Y. Misc. LEXIS 2908 · 3 views
In an action for a separation the defendant husband, appearing specially, moves to vacate the-service of process upon him as well as plaintiff’s application for temporary alimony and counsel fees upon the ground that the court lacks jurisdiction of the subject matter of the action.…
1947 N.Y. Misc. LEXIS 2910 · 0 views
The motion seeks confirmation of the report of the referee which rejects four claims of the Standard.…
1947 N.Y. Misc. LEXIS 2911 · 0 views
In this action for separation plaintiff wife moves for alimony pendente lite and counsel fees.…
1947 N.Y. Misc. LEXIS 2912 · 0 views
Defendant Mooney moves (Buies Civ. Prac., rules 106, 107) to dismiss the complaint; plaintiff has alleged three causes of action, each of which has the common *737factor that a written designation, executed by her deceased husband, of defendant Mooney as beneficiary under a retirement system option, is said to be not…
1947 N.Y. Misc. LEXIS 2913 · 3 views
Plaintiff owns a multitenanted apartment house in the borough of Brooklyn and is a customer of the defendant for electricity used for public light and power, i.e., for operating elevators, hall lights and other general building purposes.…
1947 N.Y. Misc. LEXIS 2925 · 2 views
This is an appeal from a decision of a Justice of the Peace.…
1947 N.Y. Misc. LEXIS 2926 · 2 views
Plaintiff instituted an action for separation against the defendant in this State.…
1947 N.Y. Misc. LEXIS 2945 · 8 views
Plaintiff moves for an order striking out four affirmative defenses.…
1947 N.Y. Misc. LEXIS 2950 · 7 views
The plaintiff in a libel action moves for an “ order pursuant to Buie 109, Subdivision 6 of the Buies of Civil Practice, striking out of the answer interposed herein by defendant, William S.…
1947 N.Y. Misc. LEXIS 2952 · 4 views
Application by a receiver in supplementary proceedings to reach certain claimed assets of the judgment debtor and apply them for the benefit of the judgment creditor, Agnes E.…
Bergen v. Ward Page 2953
1947 N.Y. Misc. LEXIS 2953 · 0 views
This is a motion to dismiss the complaint upon the ground that the cause of action did not accrue within the time limited by law for the commencement thereof.…
1947 N.Y. Misc. LEXIS 2962 · 1 views
This is a proceeding under article 78 of the Civil Practice Act in the nature of mandamus instituted by some seventeen temporary civil service employees of the State of New York against the State Tax Commission and the State Civil Service Commission.…
1947 N.Y. Misc. LEXIS 2964 · 0 views
Following an attachment of its property the nonresident defendant appeared and answered.…
1947 N.Y. Misc. LEXIS 2965 · 0 views
Motion denied on the law and not in discretion.…
1947 N.Y. Misc. LEXIS 2967 · 2 views
This is a final accounting- in which the trustee '"requests construction of decedent’s will and the fixation of fees.…
1947 N.Y. Misc. LEXIS 2974 · 1 views
Three motions for orders, pursuant to rule 112 of the Rules of Civil Practice, for judgment dismissing the cross complaint contained in defendant Lloyds Film Storage Corporation’s answer on the ground that the court has not jurisdiction of the subject matter of the said cross complaint for the reason that the cross…
1947 N.Y. Misc. LEXIS 2983 · 3 views
The will of the above-named decedent, admitted to probate in this court on December 20, 1918, created a trust fund of one half of his residuary estate, with income payable to his son, Victor Brevoort, for life, remainder to his son’s issue, if any, and in default of issue to decedent’s daughter, Florence E.…
1947 N.Y. Misc. LEXIS 2984 · 1 views
Plaintiffs move herein to vacate the dismissal of the complaint which occurred after they had rested at trial.…
1947 N.Y. Misc. LEXIS 2988 · 1 views
Defendants move to dismiss the complaint.…
1947 N.Y. Misc. LEXIS 2989 · 0 views
This is a motion by the defendant for summary judgment, pursuant to rule 113 of the Rules of Civil Practice.…
Frank v. Balog Page 2998
1947 N.Y. Misc. LEXIS 2998 · 5 views
Petitioner as Chairman of a Committee of the Common Council of the City of Yonkers seeks the issuance of a warrant of attachment to the Sheriff of Westchester County to apprehend respondents and produce them before the committee which is conducting an inquiry into certain matters pertaining to the affairs of the city.…
1947 N.Y. Misc. LEXIS 2999 · 8 views
This is an action for a declaratory judgment.…
1947 N.Y. Misc. LEXIS 3001 · 2 views
This is an accounting by the executor under a will of a nonresident decedent.…
1947 N.Y. Misc. LEXIS 3011 · 1 views
This motion seeks an order (a) striking out certain allegations of the complaint, (b) requiring the plaintiff to separately state and number each alleged cause of action, (c) dismissing the complaint for the reason that the alleged cause of action did not accrue within three months, as provided by section 995 of the…
People v. Faber Page 3014
1947 N.Y. Misc. LEXIS 3014 · 0 views
The above-named defendants have been arrested and are awaiting trial respectively for violations of sections 982-and 973 of the Penal Law.…
1947 N.Y. Misc. LEXIS 3016 · 1 views
Petitioner is a public utility corporation.…
1947 N.Y. Misc. LEXIS 3019 · 0 views
This is a motion to dismiss the action on the ground that it is a tort action between nonresidents of this State and that the court should therefore exercise its discretion to refuse to permit the action to be continued in the courts of this State.…
1947 N.Y. Misc. LEXIS 3021 · 1 views
This is a motion prior to trial to dismiss an information charging defendant with violating subdivision a of section 21 of Ordinance No. 596 of 1945, as amended by Ordinance No. 335 of 1946 of the City of Utica, commonly known as the Taxicab Ordinance.…
People v. Swald Page 3022
1947 N.Y. Misc. LEXIS 3022 · 7 views
Defendant has been tried on an information charging a violation of section 722 of the Penal Law.…
1947 N.Y. Misc. LEXIS 3032 · 6 views
Plaintiff sues for damages under section 51 of the Civil Eights Law, and for an injunction restraining defendant from using on its label the surname, Orsini, in conjunction with plaintiff’s coat of arms.…
1947 N.Y. Misc. LEXIS 3035 · 0 views
Motion by defendant to change the venue of this1 action from Queens County to New York County, upon the: ground that both parties are domestic corporations having their j principal offices in New York County, and that this action is a j transitory one.…
McCabe v. State Page 3037
1947 N.Y. Misc. LEXIS 3037 · 2 views
This is a claim against the State of New York for negligence, and was filed in the office of the clerk of the Court of Claims on July 13,1943, and has not been assigned although at the beginning of the trial on May 12, 1947, the attorney for the cláimant made a motion, which was granted, permitting the amendment of…
1947 N.Y. Misc. LEXIS 3040 · 4 views
The petitioner, Anthony Biccardi, was sentenced at a term of the County Court in and fór the county of Kings, New York, on the 12th day of April, 1937, for the crime of robbery in the first degree, committed March 9, 1937, to be imprisoned in the State Prison at Sing Sing, at- hard labor, under an indeterminate…
1947 N.Y. Misc. LEXIS 3046 · 0 views
Petitioner seeks an order pursuant to article 78 of the Civil Practice Act to vacate a determination of the Medical Appeals Unit of the Industrial Council of the Workmen’s Compensation Board of the State of New York which denied petitioner’s application for a license to operate an X-ray-laboratory.…
1947 N.Y. Misc. LEXIS 3047 · 1 views
This is a proceeding by Claude E. Magre, a citizen of France sojourning in New York for the purpose of probating the will of his mother, Jeanne Magre.…
1947 N.Y. Misc. LEXIS 3049 · 7 views
The defendant herein was charged with a violation of the Sanitary Code for possessing a hypodermic syringe, a violation of paragraph (a) of subdivision 2 of section 1263 of the Education Law [now in § 6513] for practicing medicine, the defendant not being lawfully licensed or authorized to practice medicine, and with…
1947 N.Y. Misc. LEXIS 3050 · 1 views
Final order affirmed, with $25 costs. Concur: Hammer, Shientag and Eder, JJ.
1947 N.Y. Misc. LEXIS 3052 · 3 views
Plaintiff husband brought this action for a declaratory judgment decreeing a foreign judgment of divorce invalid, and for miscellaneous other relief.…
1947 N.Y. Misc. LEXIS 3053 · 1 views
This is a motion for summary judgment dismissing the complaint.…
1947 N.Y. Misc. LEXIS 3057 · 0 views
After this case had been sent to a Part for trial, plaintiffs moved to amend the notice of claim served on the City of New York by striking therefrom the words “ bearing omnibus No. 806.” The injured plaintiff contends that some witness not now available gave her the bus number.…
1947 N.Y. Misc. LEXIS 3059 · 1 views
Official Referee. This is a reference to hear and determine in an action brought for the specific performance by defendants of an alleged contract in writing for the sale of real estate, or, in the alternative, for damages.…
1947 N.Y. Misc. LEXIS 3064 · 2 views
Defendant moves to dismiss the complaint under rule 106 of the Buies of Civil Practice on the ground that it fails to state a cause of action.…
1947 N.Y. Misc. LEXIS 3065 · 0 views
Motion is made to vacate an order of publication dated July 24, 1947, to set aside service of the summons made pursuant to said order, and to vacate the warrant of attachment granted on June 26, 1947.…
1947 N.Y. Misc. LEXIS 3068 · 1 views
The plaintiff’s intestate was injured as the result of the alleged negligence of the defendant.…
1947 N.Y. Misc. LEXIS 3069 · 0 views
(concurring). On this appeal the appellants’ basic contention is that they are tenants at will and as such the landlord was required by the provisions of section 228 of the Beal Property Law to give them thirty days ’ notice to remove from the premises.…
1947 N.Y. Misc. LEXIS 3070 · 6 views
Eelator by writs of habeas corpus and certiorari seeks her discharge from the Westfield State Farm to which institution she was sentenced after having pleaded guilty to a violation of subdivision 4 of section 887 of the Code of Criminal Procedure.…
Weiss v. Weiss Page 3073
1947 N.Y. Misc. LEXIS 3073 · 2 views
The infant plaintiff brings this action against her father for an' accounting and for specific performance of a separation agreement entered into by him with plaintiff’s mother.…
Wilson v. Brown Page 3078
1947 N.Y. Misc. LEXIS 3078 · 9 views
The plaintiff sues individually to restrain alleged advertising by the defendants, which he says is an inva*80sion of Ms rights under the Civil Bights Law.…
1947 N.Y. Misc. LEXIS 3079 · 2 views
Prior to June 24, 1947, a petition was circulated among enrolled voters of the American Labor Party in the 23d Senatorial District, designating the petitioner herein as a candidate for the nomination of the American Labor Party for the public office of State Senator from the 23d Senatorial District of the State of New…
1947 N.Y. Misc. LEXIS 3080 · 7 views
This is a motion to strike two causes of action from a complaint on the ground that they fail to state facts sufficient to constitute a cause of action.…
1947 N.Y. Misc. LEXIS 3081 · 0 views
On this judicial settlement proceeding construction of the will is requested to determine whether or not the word “ children ” as used therein includes descendants beyond *504the first degree, and adopted children.…
1947 N.Y. Misc. LEXIS 3083 · 0 views
On January 13, 1947, the defendant was tried on two separate informations charging the offense of disorderly conduct under section 722 of the Penal Law.…
1947 N.Y. Misc. LEXIS 3089 · 1 views
Plaintiff, the Republic of Haiti, moves to dismiss the counterclaim interposed by defendants Plesch and Societe Haitienne de Banque et de Placement (hereinafter called SOHA) upon the ground that this court has no jurisdiction over it with respect to such counterclaim, because plaintiff is a sovereign State and claims…
Kenney v. State Page 3092
1947 N.Y. Misc. LEXIS 3092 · 0 views
Claimant John P. Kenney, on May 22, 1943, was the owner of a parcel of land with a house and other buildings thereon and claimants Diener and Liebman, as copartners, were the owners of land upon which had been erected several buildings used in the manufacture of wood alcohol, acetate, charcoal and other chemicals.…
1947 N.Y. Misc. LEXIS 3093 · 8 views
The defendant on this writ of habeas corpus contests his detention in the Broome County jail under a sentence of the Police Justice of the Village of Johnson City, New York, on his conviction for a violation of section 15 of the Village Ordinances.…
1947 N.Y. Misc. LEXIS 3094 · 0 views
Motions (1) by plaintiff for summary judgment on the first cause.of action; (2) by defendant to dismiss-the first and second causes of action, and (3) by defendant for summary judgment on the third cause of action.…
1947 N.Y. Misc. LEXIS 3102 · 1 views
This action is brought for a judgment declaring that section 35 of the Traffic Regulations of the City of New York is void, unreasonable and discriminatory and for an injunction to restrain enforcement of such regulations.…
1947 N.Y. Misc. LEXIS 3103 · 4 views
Plaintiff moves for an order pursuant to sections 245, 245-a and 245-b of the Civil Practice Act permitting her to serve a supplemental complaint setting forth facts which occurred after the commencement of the action.…
1947 N.Y. Misc. LEXIS 3104 · 0 views
The landlord challenges the constitutionality of the Federal emergency rent control law in this summary proceeding.…
1947 N.Y. Misc. LEXIS 3106 · 2 views
This proceeding is another reverberation of the calamitous consequences of World War II.…
1947 N.Y. Misc. LEXIS 3107 · 5 views
This is an action to impress a trust and for other equitable relief.…
1947 N.Y. Misc. LEXIS 3115 · 3 views
The decedent died on November 15,1943, survived by his widow and his sister as his statutory distributees.…
1947 N.Y. Misc. LEXIS 3116 · 2 views
These stockholders’ derivative actions, consolidated by order of Mr. Justice Schreiber (Clayton v. Standard Oil Company, 37 N.…
1947 N.Y. Misc. LEXIS 3119 · 0 views
Motion to amend proof of publication of the summons nunc pro tune is granted.…
1947 N.Y. Misc. LEXIS 3121 · 1 views
This action for a brokerage commission was tried before the court without a jury.…
1947 N.Y. Misc. LEXIS 3124 · 3 views
This is a motion for summary judgment in an action for accrued rental.…
1947 N.Y. Misc. LEXIS 3127 · 0 views
Plaintiff moves under rule 109 of the Rules of Civil Practice to strike out paragraphs numbered 4 and 5 of defendants’ amended answer on the ground that it appears upon the face of said defenses that the same are insufficient in law.…
1947 N.Y. Misc. LEXIS 3130 · 0 views
The decedent executed his will on May 18, 1944.…
1947 N.Y. Misc. LEXIS 3135 · 0 views
Plaintiff, a tenant in defendant’s apartment house, seeks on behalf of himself and other, tenants tó enjoin the defendant from leaving the passenger elevator unattended by a competent operator and from ever leaving the entrance and vestibule unattended by a doorman.…
1947 N.Y. Misc. LEXIS 3139 · 3 views
Application by 347 Berry Corporation as third party defendant to dismiss the third party complaint upon the grounds: (1) that it is legally insufficient (Buies Civ.…
1947 N.Y. Misc. LEXIS 3141 · 8 views
The executors of the above estate have petitioned this court for determination whether Franklin D.…
1947 N.Y. Misc. LEXIS 3144 · 3 views
This is a motion to cancel the Us pendens filed in the office of the Herkimer County Clerk on June 30, 1947.…
Found v. Harris Page 3145
1947 N.Y. Misc. LEXIS 3145 · 1 views
This is an appeal from the judgment of the City Court of Rensselaer granting to the landlord a final order of eviction against the tenant.…
Daly v. Benson Page 3149
1947 N.Y. Misc. LEXIS 3149 · 0 views
In an action brought to bar defendants from any claim or interest in certain real property, and directing the Register of the County of Queens “ to cancel and mark satisfied of record ” a certain mortgage, plaintiff moves for “ judgment on the pleadings in favor of the plaintiff and against the defendants under Rule…
1947 N.Y. Misc. LEXIS 3152 · 1 views
Memorandum The landlord in this proceeding for nonpayment of rent of a store failed to establish compliance with chapter 314 of the Laws of 1945, as amended (Business Rent Law).…
People v. Cosad Page 3155
1947 N.Y. Misc. LEXIS 3155 · 5 views
This is a motion to dismiss an indictment.…
In re Dehlerich Page 3158
1947 N.Y. Misc. LEXIS 3158 · 0 views
Official Referee. Edward A. Dehlerich was adjudged incompetent and on June 20, 1930, Eugene Sherlc was appointed committee of the person and property of the said Dehlerich under bond of $2,000.…
1947 N.Y. Misc. LEXIS 3159 · 4 views
Defendants are the owners of a parcel of land fronting on Sherman Place and Park Avenue in the village of Ossining which was conveyed to them in a deed dated December 31, 1945, by the Westchester Lighting Company which had used the property for the storage of poles, reels of cable and pipe.…
1947 N.Y. Misc. LEXIS 3161 · 1 views
The complaint herein alleges breach of a written contract of employment between plaintiff and defendant.…
1947 N.Y. Misc. LEXIS 3163 · 5 views
The right of a public utility to sue -the Public Service Commission in equity for an injunction against the enforcement of a rate claimed to be confiscatory is now admissible under the New York practice (Staten Island Edison Corp. v. Maltbie, 296 N.…
1947 N.Y. Misc. LEXIS 3165 · 2 views
The above-named relator was convicted in the Onondaga County Court on November 26, 1934, upon his plea of guilty to an indictment charging him with the crime of grand larceny in the second degree.…
Riss v. Riss Page 3168
1947 N.Y. Misc. LEXIS 3168 · 2 views
The plaintiff brings this, action for the annulment of her marriage to the defendant on the ground of fraud.…
Porter v. State Page 3171
1947 N.Y. Misc. LEXIS 3171 · 3 views
Claimant seeks damages for his alleged false imprisonment in State prison at Elmira during the period from December 9, 1936, to December 7, 1943.…
Gokey v. Moate Page 3175
1947 N.Y. Misc. LEXIS 3175 · 2 views
This is a motion to change the place of trial of the above-entitled action from the county of Herkimer to the county of ■ Broome.…
1947 N.Y. Misc. LEXIS 3177 · 3 views
The defendant is charged in the Police Court of the City of Troy with violation of section 720 of the Penal Law, commonly known as disorderly conduct, and violation of sections 1825 and 1851 of the Penal Law, commonly known as resisting arrest.…
In re Myer Page 3180
1947 N.Y. Misc. LEXIS 3180 · 1 views
Motion is made to vacate an execution issued by judgment creditors and a levy made thereupon.…
1947 N.Y. Misc. LEXIS 3184 · 4 views
Defendant moves for an order, pursuant to section 123 of the Civil Practice Act, canceling and discharging of record the lis pendens filed by the plaintiff herein, “ upon the ground that the complaint was dismissed for failure to state *211a cause of action.” The plaintiff cross moves for an order “ resettling the…
1947 N.Y. Misc. LEXIS 3188 · 0 views
In this rather unusual action plaintiff sues the automobile liability insurance carrier and its agent-adjuster for fraud, alleging that the defendants, by means of false representations, procured the plaintiff’s release of a cause of action which she had against Richard Bradshaw, the assured.…
1947 N.Y. Misc. LEXIS 3189 · 0 views
The action is in negligence to recover for the value of two horses, killed as the result of being struck by defendant’s truck and trailer.…
1947 N.Y. Misc. LEXIS 3194 · 3 views
This is a proceeding pursuant to article 78 of the Civil Practice Act “for an order directing the respondent forthwith to approve the petitioner’s application for a building permit and to issue such permit.” Upon the return day of the application, both court and counsel agreed that triable issues were presented, and a…
1947 N.Y. Misc. LEXIS 3195 · 3 views
The petitioner applies for an order directing the respondents to desist and refrain from further proceedings *573upon a summons and information charging the petitioner with violation of the Yonkers Building Code.…
1947 N.Y. Misc. LEXIS 3196 · 2 views
On March 7, 1945, plaintiff caused defendant to he served with a summons and complaint in this action for a separation, together with a notice of motion seeking temporary alimony and counsel fees.…
Simon v. Burke Page 3198
1947 N.Y. Misc. LEXIS 3198 · 2 views
Two motions are before me for determination, which should, in my opinion, be decided together.…
Rubin v. Conway Page 3202
1947 N.Y. Misc. LEXIS 3202 · 3 views
The petitioner in this proceeding, brought under article 78 of the Civil Practice Act, has been a patrolman in the Police Department of the Village of Ossining, Westchester County, since 1936.…
King v. King Page 3204
1947 N.Y. Misc. LEXIS 3204 · 1 views
This is a motion to dismiss a complaint for a declaratory judgment.…
1947 N.Y. Misc. LEXIS 3205 · 1 views
The defendant, 0. P. Ward, Inc., is charged with a violation of subdivision 1 of section 12 of the Vehicle and Traffic Law in that it, through its employee, operated or drove a motor vehicle on the public highways without having a distinctive number assigned to it by the Commissioner of Motor Vehicles and without…
1947 N.Y. Misc. LEXIS 3206 · 6 views
Petitioners, Mr. and Mrs. Sosa, apply for an order directing the authorities of Lincoln Hospital of the.…
1947 N.Y. Misc. LEXIS 3208 · 2 views
The defendant has appealed from a judgment of the City Court of Borne, New York, convicting the defendant of violating section 722 of the Penal Law after a trial on February 20, 1947.…
1947 N.Y. Misc. LEXIS 3216 · 0 views
In this jury trial the plaintiff recovered a verdict of $500 which in amount was not excessive in view of the fact that plaintiff sustained a laceration to her leg which left a scar about four inches in length sufficiently visible behind the lattice of her rayons; her failure to present her doctor at the trial or to…
In re Blumberg Page 3217
1947 N.Y. Misc. LEXIS 3217 · 2 views
The will of the decedent duly probated on March 8, 1919, provided as follows: “Second.…
Smith v. Smith Page 3218
1947 N.Y. Misc. LEXIS 3218 · 6 views
Motion by plaintiff for an order directing the defendant to pay counsel fees and the expenses necessarily to be incurred in prosecuting an appeal from a judgment of this court dismissing her complaint.…
1947 N.Y. Misc. LEXIS 3219 · 2 views
Motion by the plaintiff for judgment on the pleadings pursuant to rule 112 of the Rules of Civil Practice and section 476 of the Civil Practice Act.…
1947 N.Y. Misc. LEXIS 3220 · 2 views
Motion for judgment on the pleadings. The complaint herein contains twelve causes of action, each for one installment of interest allegedly due on a sealed bond originally secured by a mortgage executed in 1912.…
1947 N.Y. Misc. LEXIS 3226 · 1 views
This is a motion by the defendant to dismiss the complaint upon the ground that it does not state facts sufficient to constitute a cause of action.…
1947 N.Y. Misc. LEXIS 3229 · 7 views
The information is made on the personal knowledge of the informant.…
1947 N.Y. Misc. LEXIS 3230 · 3 views
Frederick S. Haslett died July 21, 1946, leaving a last will and testament executed June 19, 1945.…
1947 N.Y. Misc. LEXIS 3234 · 6 views
This statutory proceeding for support of a child is a sequel to prior matrimonial litigation in the Supreme Court of the State of New York, Bronx County, and the Second Judicial District Court of the State of Nevada, Washoe County; and it illustrates the exclusiveness and nature of this Family Court’s jurisdiction to…
1947 N.Y. Misc. LEXIS 3235 · 2 views
Only two contentions are made in opposition to the present motion to compel arbitration.…
Lutzker v. King Page 3241
1947 N.Y. Misc. LEXIS 3241 · 1 views
This is a motion to dismiss the petition on the ground that it is jurisdictionally defective.…
1947 N.Y. Misc. LEXIS 3243 · 5 views
The defendant has pied guilty to a violation of section 43 of article 2 of the Penal Law of the State of New York, and was sentenced by Bobert H.…
1947 N.Y. Misc. LEXIS 3244 · 1 views
Plaintiff moves to strike out the first affirmative defense, and the first and second counterclaims in the amended answer.…
1947 N.Y. Misc. LEXIS 3245 · 1 views
This is a proceeding for the judicial settlement of the accounts of the trustees of the trust under clause sixteenth of the testator’s will and construction thereof is sought to determine the proper distribution of the remainder interests.…
1947 N.Y. Misc. LEXIS 3246 · 1 views
The defendant has been indicted for endangering the life or health of a child, a misdemeanor in violation of section 483 of the Penal Law.…
1947 N.Y. Misc. LEXIS 3249 · 1 views
The plaintiff brings this action seeking a judicial settlement of its accounts as trustee under a trust agreement, dated June 30, 1925, by the terms of which it received certain securities and administered the same, paying the income to Mary H.…
1947 N.Y. Misc. LEXIS 3254 · 2 views
This is a summary proceeding to dispossess, in which it is alleged the tenant is a holdover.…
People v. Block Page 3255
1947 N.Y. Misc. LEXIS 3255 · 0 views
On September 19, 1947, the defendant was held for action of the grand jury upon a charge of robbery, first degree.…
1947 N.Y. Misc. LEXIS 3257 · 4 views
The door to a man’s house in a civilized community is more than a means of ingress and egress for him.…
1947 N.Y. Misc. LEXIS 3258 · 2 views
This is an application under article 78 of the Civil Practice Act to restrain the Domestic Relations Court of the City of New York, Family Court Division, of the County of The Bronx, a Justice of that court and officers thereof, from enforcing an order of that court directing the petitioner to contribute towards the…
1947 N.Y. Misc. LEXIS 3260 · 0 views
Petitioner, a Battalion Chief in the Fire Department, met with an accident in December, 1945, which disabled him from performing active duty in the uniformed forces.…
1947 N.Y. Misc. LEXIS 3261 · 1 views
This is an action to recover overtime pay for services performed by plaintiff as an employee of defendant in British Guiana in connection with the construction by defendant of a defense base upon land leased by United Kingdom of Great Britain to the United States of America for ninety-nine years.…
1947 N.Y. Misc. LEXIS 3262 · 1 views
Motion to dismiss amended complaint as insufficient in law upon the face thereof, pursuant to subdivision 5 of rule 106 of the Rules of Civil Practice.…
1947 N.Y. Misc. LEXIS 3263 · 0 views
The amended complaint states a cause of action for libel.…
1947 N.Y. Misc. LEXIS 3264 · 1 views
Motion by the defendants Bed Star Towing and Transportation Company and The Bed Star Barge Line, Inc., for an order directing the plaintiff to furnish a further bill of particulars as to items 4 and 5 of the demand dated April 7, 1947, and striking out from the bill of particulars served the statement at the…
1947 N.Y. Misc. LEXIS 3265 · 1 views
In an action for divorce defendant wife moves for an order (1) restoring this case to the trial calendar from the military suspense calendar; (2) for temporary alimony for herself; (3) for temporary support for her children; (4) for counsel fees in the action; (5) for an order enjoining plaintiff from procuring a…
1947 N.Y. Misc. LEXIS 3266 · 2 views
According to the complaint the plaintiffs,' fourteen individuals, are tenants occupying fourteen separate apartments in five buildings owned by separate corporations who have been made defendants in this action and will be hereafter referred to as the “ address corporations ”.…
1947 N.Y. Misc. LEXIS 3267 · 4 views
Tenant-appellant moves for an order staying issuance of a warrant of eviction pending the determination of an appeal from an order denying his motion to vacate a final order in favor of the landlord.…
Haney v. State Page 3269
1947 N.Y. Misc. LEXIS 3269 · 5 views
Upon this application for leave to file a claim to recover damages for personal injuries sustained on April 4, 1946, claimant submits as the reason for his failure to file a claim or notice of intention, that he was ‘1 ignorant of our laws.…
1947 N.Y. Misc. LEXIS 3270 · 7 views
The last will and testament of Frank A. Dillenback probated in this court on December 27, 1929, provides: “ Second: I give and bequeath to Frances Jeannie Miller, daughter of Charles and Frances Miller of Washington, District of Columbia, the sum of One Thousand Dollars ($1000.00), and I hereby make the same a charge…
1947 N.Y. Misc. LEXIS 3271 · 8 views
Plaintiff, who had for many years occupied certain business space at La Guardia Airport, considered himself a statutory tenant and refused to remove at the request of the defendant.…
1947 N.Y. Misc. LEXIS 3274 · 0 views
Writs of certiorari to review assessments on the property of The Lehigh Valley Railway Company were issued for the years 1928 to 1940, inclusive.…
1947 N.Y. Misc. LEXIS 3278 · 3 views
Plaintiffs have brought this action in equity and seek a judgment permanently enjoining defendants, their agents, *557servants and employees “from soliciting patronage on the premises of the New York Central Railroad company, from parking their automobiles or taxicabs on the West Ramp, so-called, from entering the…
1947 N.Y. Misc. LEXIS 3279 · 0 views
Motion by defendant “ for an order directing that the proposed questions as framed by defendant, pertaining to the issues arising upon the defendant’s counterclaim for annulment be tried by a jury.” Plaintiff’s action is for a separation.…
1947 N.Y. Misc. LEXIS 3280 · 2 views
In an action for a separation, defendant moves for examination of the plaintiff before trial with respect to his counterclaim for an annulment.…
1947 N.Y. Misc. LEXIS 3281 · 3 views
Motion by plaintiff for summary judgment; cross motion by defendants for an order dismissing the complaint for legal insufficiency.…
1947 N.Y. Misc. LEXIS 3284 · 1 views
The will of Charles Goodwin Emery was admitted to probate in this court on the 23d day of January, 1915.…
1947 N.Y. Misc. LEXIS 3285 · 0 views
This is a motion by trustees made pursuant to article 79 of the Civil Practice Act for a judicial settlement of their account.…
1947 N.Y. Misc. LEXIS 3286 · 2 views
This is a motion for the determination summarily of the value of the services rendered and disbursements paid by Weissberger & Leichter, attorneys for the claimant in the above-entitled matter, and also of the value of services rendered and the disbursements paid by Anthony Scolavino, the guardian ad litem of the…
1947 N.Y. Misc. LEXIS 3287 · 0 views
Plaintiff, in its brief, in effect concedes that if the clause relied upon by defendant in its fifth defense had expressly stated that claims would be unenforcible unless presented in writing within thirty days, the defense would be good.…
1947 N.Y. Misc. LEXIS 3288 · 6 views
Memorandum The judgment and order should be unanimously reversed on the law, with $10 costs to defetidant and complaint dismissed with appropriate costs in the court below.…
Winney v. Leuci Page 3289
1947 N.Y. Misc. LEXIS 3289 · 5 views
Memorandum The judgment insofar as appealed from should be unanimously reversed on the law, with $30 costs to appellant against impleaded plaintiff Weisser and cross-claim dismissed.…
Snee v. Goldman Page 3290
1947 N.Y. Misc. LEXIS 3290 · 3 views
Tbis action was brought by the four plaintiffs to recover $1,000 each pursuant to the Fair Labor Standards Act of 1938 (TJ.…
1947 N.Y. Misc. LEXIS 3291 · 3 views
On June 1, 1944, the “ freeze date ” provided for in the Business Rent Law (L.…
Rozen v. Byng Page 3296
1947 N.Y. Misc. LEXIS 3296 · 3 views
This is a summary proceeding to evict the tenant, Harlan Byng, from house and premises “ upper flat, 515 Nott Street ” in the city of Schenectady.…
1947 N.Y. Misc. LEXIS 3298 · 2 views
On September 25 and September 26, 1945, and again on October 2, 1945, the basement of claimant’s building, *1021situate on the northeast corner of Edwards Street and Oriskany Boulevard (State Highway Route 5A), in the village of York-ville, New York, was flooded by surface waters overflowing from storm-water sewer…
Borek v. Golder Page 3299
1947 N.Y. Misc. LEXIS 3299 · 5 views
Official Referee. This action is brought by a taxpayer of the City of Utica, New York, under the provisions of section 51 of the General Municipal Law against the Mayor, the City Clerk, the-members of the Common Council, the members of the Board of Estimate and Apportionment, the members of the Municipal Housing…
1947 N.Y. Misc. LEXIS 3300 · 3 views
The landlord brings this summary procéeding against the tenant Valeska Van Coenan'and one Karla Lipton, designated as undertenant, with respect to dwelling premises at 32 Coligni Avenue, New Rochelle.- The petition declares that the proceedings are brought under the provisions of clause A of paragraph (1) of…
1947 N.Y. Misc. LEXIS 3301 · 1 views
The petitioners in this accounting proceeding ask that they be directed to turn over to themselves as executors appointed by the District Court of the Fourth Judicial District of the State of Montana, in and for the County of Ravalli, sufficient funds so that the legacies under the will, of decedent of $25,000 to…
1947 N.Y. Misc. LEXIS 3302 · 2 views
On July 24, 1947, an information was laid by deputy sheriff Dennis A.…
1947 N.Y. Misc. LEXIS 3303 · 6 views
The plaintiff applies pursuant to section 288 of the Civil Practice Act for an order directing that the testimony of the executors of the last will and testament of William C.…
1947 N.Y. Misc. LEXIS 3304 · 1 views
On this motion plaintiff moves for a dismissal of the fourth, fifth and sixth counterclaims contained in defendants’ amended answer on the ground of insufficiency.…
1947 N.Y. Misc. LEXIS 3306 · 2 views
The defendant is charged with the commission, of a felony under subdivision 4 of section 1897 of the Penal Law which prohibits an unlicensed person over sixteen years-of age having in his possession, among other weapons, a pistol or a revolver of a size which may be concealed on his person.…
1947 N.Y. Misc. LEXIS 3307 · 8 views
Under the “ Fourth ” clause of the last will and testament of Maude M.…
1947 N.Y. Misc. LEXIS 3310 · 3 views
The decedent herein was the owner of a bakery business.…
1947 N.Y. Misc. LEXIS 3312 · 1 views
In this trustee’s accounting proceeding the petirequests a determination as to whether the corpus of a trust *852established under article “ Ninth ” of the will is distributable per stirpes or per capita among the “ issue ” of John L.…
1947 N.Y. Misc. LEXIS 3313 · 2 views
A building known as 174 Court Street, Buffalo, New York, was being demolished by the defendants, Orval C.…
Young v. State Page 3314
1947 N.Y. Misc. LEXIS 3314 · 3 views
This is an application made pursuant to subdivision 5 of section 10 of the Court of Claims Act (L.…
1947 N.Y. Misc. LEXIS 3315 · 1 views
Plaintiff, as purchaser, entered into a written .…
In re Novotny Page 3316
1947 N.Y. Misc. LEXIS 3316 · 4 views
Motion is made by the Attorney-General of the State of New York on behalf of the directors of Manhattan *471State Hospital for an order directing the committee of an incompetent to pay a bill of that hospital for the treatment, care and maintenance of the incompetent’s mother, now deceased.…
People v. Smith Page 3319
1947 N.Y. Misc. LEXIS 3319 · 1 views
The facts established in this prosecution are not disputed.…
1947 N.Y. Misc. LEXIS 3323 · 0 views
Motion is made by the corporate defendant under rule 107 of the Eules of Civil Practice to dismiss the first and second causes of action on the ground that these are barred by* the Statute of Limitations contained in section 992 *43of the Civil Practice Act, and further, under rule 106 to dismiss the third and fourth…
Dailey v. State Page 3341
1947 N.Y. Misc. LEXIS 3341 · 4 views
Claimant sues the State of New York for damages for false arrest and imprisonment and for assault and battery by a State trooper.…
1947 N.Y. Misc. LEXIS 3342 · 0 views
On January 10, 1944, a written lease was entered into between Charles F.…
1947 N.Y. Misc. LEXIS 3343 · 0 views
This is an action brought to recover the sum of $6,000 allegedly due on a judgment of the Court of Chancery *802of New Jersey., The facts preceding the judgment are briefly, as follows: On December 14, 1938, the plaintiff herein was granted a decree of divorce in the State of New Jersey against the defendant, whereby…
1947 N.Y. Misc. LEXIS 3346 · 2 views
The issue has been raised in this judicial settlement proceeding as to whether the legacies contained in the first paragraph “ Third ” of the will are specific or general.…
1947 N.Y. Misc. LEXIS 3347 · 1 views
Motion to dismiss the third party complaint pursuant to subdivision 4 of section 193-a of the Civil Practice Act, is granted.…
1947 N.Y. Misc. LEXIS 3348 · 3 views
In an action for wrongful death brought against French Realty Corp., the landlord of certain premises where the accident took place, and Abe Lazarowitz, Morris Zelenetz, Joseph Cohen and Sam Skutel, the lessees of said premises, both the landlord and said tenants have impleaded Brooklyn Blower & Pipe Co. for the…
1947 N.Y. Misc. LEXIS 3350 · 0 views
On the 15th day of July, 1936, a will of the decedent was admitted to probate by this court.…
People v. Clark Page 3351
1947 N.Y. Misc. LEXIS 3351 · 0 views
Defendant was indicted by a Grand Jury of tbe County of Tioga on the 20th day of May, 1947, which indictment charged him in several counts with the offense of forgery in the second degree.…
1947 N.Y. Misc. LEXIS 3356 · 1 views
Limited letters of administration were issued out of this court upon the estate of Robert W.…
1947 N.Y. Misc. LEXIS 3358 · 3 views
Motion to set aside verdict of jury. This case was tried before me on October 27 and 28, 1947, and resulted in a verdict for the plaintiff in the sum of $9,375.…
1947 N.Y. Misc. LEXIS 3359 · 0 views
Plaintiffs are the owners in fee and the occupants of certain real property in the city of Auburn consisting of.…
1947 N.Y. Misc. LEXIS 3364 · 0 views
This motion to dismiss the first and second counterclaims in defendants’ amended answer raises the question of the appropriate Statute of Limitations applicable to an action to recover damages as a result of an attachment which has been vacated.…
1947 N.Y. Misc. LEXIS 3367 · 0 views
This is a petition by one of the children of the decedent’s first marriage to revoke limited letters of administration heretofore issued to the respondent.…
1947 N.Y. Misc. LEXIS 3370 · 1 views
By an order to show cause, defendant seeks an order to compel plaintiff to serve a second amended complaint, or to strike out certain portions of the amended complaint as irrelevant, unnecessary and prejudicial.…
1947 N.Y. Misc. LEXIS 3371 · 0 views
This is an action in equity to remove a cloud upon title to real estate.…
1947 N.Y. Misc. LEXIS 3372 · 1 views
The relator herein was convicted by the verdict of a jury in Supreme Court, Cayuga County, on May 21, 1930, of the crime of attempt to escape from State prison in violation of section 1695 of the Penal Law.…
Blum v. Oxman Page 3374
1947 N.Y. Misc. LEXIS 3374 · 0 views
Motion is made by plaintiff for judgment on the pleadings and to strike out the affirmative defenses as insufficient in law.…
1947 N.Y. Misc. LEXIS 3375 · 1 views
The relator was indicted by the Grand Jury of Chemung County on four counts for the crimes of burglary, third degree, grand larceny, second degree, and criminally receiving stolen property.…
Liddie v. State Page 3376
1947 N.Y. Misc. LEXIS 3376 · 1 views
Claimant, as administratrix, sues to recover damages for the death of her husband, Allen A.…
1947 N.Y. Misc. LEXIS 3377 · 1 views
Memorandum The case was tried on the theory that the tenant had violated a substantial obligation of her tenancy in use of the premises in violation of law, in occupying same for single-room occupancy.…
1947 N.Y. Misc. LEXIS 3380 · 1 views
This is an appeal from a judgment of conviction of the City Court, Criminal Branch, City of Rochester, New York, sitting as a Court of Special Sessions with a jury, upon the charge of violating sections 1250 and 1263 (now §§ 6501, 6513) of the Education Law defining the practice of medicine without a license.…
Smith v. Feigin Page 3382
1947 N.Y. Misc. LEXIS 3382 · 2 views
Tenant and undertenant appeal from a final order made in favor of the landlord, entered in t°he Municipal Court, Manhattan, Ninth District, after trial.…
1947 N.Y. Misc. LEXIS 3385 · 0 views
The specific question here presented does not appear to have received judicial consideration heretofore.…
1947 N.Y. Misc. LEXIS 3386 · 4 views
On February 21,1945, defendant was indicted, charged in three counts with feloniously selling a narcotic drug and in the fourth count with unlawful possession.…
1947 N.Y. Misc. LEXIS 3390 · 2 views
Motion to dismiss the complaint upon the ground that it does not state facts sufficient to constitute a cause of action.…
1947 N.Y. Misc. LEXIS 3391 · 2 views
Oh December 12,1946, Justice Diserio entered an order directing respondent to pay into this court the sum of $12 each week towards petitioner’s support, until further order of this court.…
1947 N.Y. Misc. LEXIS 3393 · 1 views
Motions by the defendant are denied and she is found guilty in accordance with opinion below.…
1947 N.Y. Misc. LEXIS 3394 · 1 views
The Public Service Commission sues to recover the expense of an investigation of the accounts and records of the defendant corporation which took place between February 1 and August 31, 1945.…
1947 N.Y. Misc. LEXIS 3396 · 2 views
In this accounting proceeding the executrix seeks construction of paragraph Y of the last will and testament of the deceased, which reads as follows: “ I give $500.00 to Harold Thompson Jr., and $500.00 to Arnold Thompson to be deposited in Seamen’s Bank Wall St., N.…
1947 N.Y. Misc. LEXIS 3397 · 0 views
In this proceeding, instituted by a taxpayer pursuant to section 123 of the Alcoholic Beverage Control Law, *262petitioner seeks to enjoin the issuance of a license to sell alcoholic beverages for off-premises consumption upon the ground that the issuance of such a license would contravene subdivision 2 of section 105…
In re Zimmerman Page 3398
1947 N.Y. Misc. LEXIS 3398 · 1 views
The testator herein, a resident of Bronx County, left a will which contains the following provision: “Fourth: I hereby devise and bequeath unto The Socialist Labor Party of 61 Cliff Street, New York City, the sum of Sixty-five hundred ($6500) Dollars because I am convinced that the principles and the program advocated…
1947 N.Y. Misc. LEXIS 3400 · 1 views
This summary proceeding presents two questions of first impression.…
Greff v. Havens Page 3405
1947 N.Y. Misc. LEXIS 3405 · 1 views
Motion for order directing entry of judgment under section 1171-b of the Civil Practice Act.…
Toates v. State Page 3407
1947 N.Y. Misc. LEXIS 3407 · 1 views
The claim, as filed herein on June 3, 1947, is “ for the loss of use and damage to land rented by and in the possession of claimant, due to leakage from the Barge Canal, from the 1st day of January, 1945, to the 31st day of December, 1945, and from the 1st day of January, 1946, to the 31st day of December, 1946, by…
1947 N.Y. Misc. LEXIS 3408 · 0 views
Motion by defendant, 45th & Broadway Corporation, to dismiss the complaint under rule 107 of the Rules of *885Civil Practice, on the ground that the alleged cause of action did not accrue within the time limited by law for the commencement of the action, is granted.…
1947 N.Y. Misc. LEXIS 3409 · 0 views
This is an action wherein the county seeks to recover damages against the owner and operator of a taxicab which collided with the county ambulance.…
Ozark v. Ozark Page 3412
1947 N.Y. Misc. LEXIS 3412 · 0 views
The action is for annulment of a marriage entered into June 24, 1939.…
House v. Tappan Page 3415
1947 N.Y. Misc. LEXIS 3415 · 2 views
The plaintiff has been defeated by a jury verdict in an action brought to recover damages for personal injuries received from being kicked by a horse owned by defendant.…
1947 N.Y. Misc. LEXIS 3416 · 3 views
In this action for a declaratory judgment defendant moves for a dismissal of the complaint for failure to state sufficient facts.…
Donovan v. Kane Page 3418
1947 N.Y. Misc. LEXIS 3418 · 4 views
The action is for personal injuries suffered "by the plaintiff when he slipped and fell on the sidewalk in front of defendant’s premises.…
1947 N.Y. Misc. LEXIS 3419 · 2 views
Plaintiff instituted this action for annulment alleging that at the time of his marriage to defendant there was another marriage of defendant in full force and effect and that defendant’s husband by such previous marriage was living.…
1947 N.Y. Misc. LEXIS 3420 · 1 views
Application is made for an injunction staying any further action in connection with the designation of employer representatives to administer a security fund to which employers in contractual relations with Wholesale & Warehouse Workers Union, Local 65 (hereinafter called the Union) contribute a certain percentage of…
1947 N.Y. Misc. LEXIS 3421 · 3 views
Official Referee. This is an action brought by plaintiff wife for a judgment declaring the marital status of the *821parties.…
1947 N.Y. Misc. LEXIS 3424 · 7 views
The former wife of the decedent, Abbie May Van Arsdale, residing at St. Petersburg, Florida, has made a claim against this estate for the sum of $5,250.…
1947 N.Y. Misc. LEXIS 3425 · 1 views
Plaintiffs, as landlord, sue to recover additional percentage rent claimed to be due under a lease dated February 1, 1939.…
1947 N.Y. Misc. LEXIS 3426 · 0 views
Petitioner brings up for review either under section 707 of the Labor Law (New York State Labor Eelations Act) or under article 78 of the Civil Practice Act, an order of the board dismissing the amended charge of unfair labor practice.…
Vail v. Terry Page 3427
1947 N.Y. Misc. LEXIS 3427 · 0 views
This is an application for an order restraining Harry Terry, Esq., Justice of the Peace of the Town of South-old, from “ taking any further proceedings on the order entered in July 25, 1947, in the matter entitled, * People ex rel Lillian Butzler vs. Leonard M.…
1947 N.Y. Misc. LEXIS 3428 · 0 views
Plaintiff is a nonresident of this city and of this county.…
In re Dawkins Page 3429
1947 N.Y. Misc. LEXIS 3429 · 4 views
The facts in this proceeding present a unique and unusual situation.…
1947 N.Y. Misc. LEXIS 3431 · 6 views
This action was tried before the court without a jury on January 7, 1947, but because of the prolonged illness and subsequent death of counsel for the plaintiffs’ and the substitution of attorneys, the matter has only recently been submitted.…
1947 N.Y. Misc. LEXIS 3434 · 1 views
The plaintiff seeks to recover, pursuant to subdivision (e) of section 205 of the Emergency Price Control Act of 3942 (IT.…
Crane v. State Page 3438
1947 N.Y. Misc. LEXIS 3438 · 0 views
Claimants’ property was located on Franklin Street in the village of Clinton midway between the Christman and Kieffer.…
1947 N.Y. Misc. LEXIS 3439 · 3 views
Plaintiff moves for summary judgment in an action predicated upon an Arizona judgment for a sum of money recovered in an action for separate máintenance and counsel fees.…
1947 N.Y. Misc. LEXIS 3442 · 0 views
A general denial is insufficient to put in issue the items constituting a plaintiff’s cause of action for goods sold and delivered in respect to delivery, performance, reasonable value or agreed price, where the complaint is drawn in compliance with section 255-a of the Civil Practice Act.…
1947 N.Y. Misc. LEXIS 3445 · 1 views
Relator, the City of New York, is the owner of real property in the town of Wawarsing, Ulster County, New York.…
1947 N.Y. Misc. LEXIS 3447 · 4 views
The maternal grandmother of the defendant’s two children, Cecelia, born September 9, 1925, and Allen, born April 24, 1933, sues to recover the sum of $5,100 alleged to have been expended by her for necessaries furnished said children, consisting of food, clothing, medicines, medical and dental care and attention and…
1947 N.Y. Misc. LEXIS 3448 · 2 views
In this action for a declaratory judgment plaintiff moves to strike out the defense contained in the defendant’s answer on the ground of insufficiency in law and for judgment on the pleadings.…
1947 N.Y. Misc. LEXIS 3449 · 4 views
In an action to recover damages for personal injuries and loss of services as a result of an automobile accident, the defendant moves, pursuant to rule 103 of the Buies of Civil Practice to strike from the complaint as irrelevant, unnecessary, impertinent and tending to prejudice, embarrass.…
1947 N.Y. Misc. LEXIS 3451 · 0 views
On October 6, 1946, in the nighttime the plaintiff was operating his automobile upon a dirt road in the defendant town.…
Jones v. Morse Page 3455
1947 N.Y. Misc. LEXIS 3455 · 0 views
Defendant Robert Morse, makes a motion in each of the above actions to set aside the judgment entered upon the ground that one of the jurors in these two actions, which were tried together, acted improperly, constituting misconduct, and also upon the further ground that undue influence was taken by some of the…
1947 N.Y. Misc. LEXIS 3456 · 2 views
In an action to foreclose a mechanic’s lien, plaintiff moves for an order directing the entry of a deficiency judgment against the defendant, A Builders Corporation; the latter opposes upon the ground that plaintiff has failed to comply with the provisions of section 1083 of the Civil Practice Act.…
1947 N.Y. Misc. LEXIS 3458 · 0 views
No issue of fact is presented. The case turns entirely on construction of a statute.…
1947 N.Y. Misc. LEXIS 3459 · 0 views
Motion by defendant, Incorporated Village of Southampton (hereinafter referred to as the village), under rule 106 of the Rules of Civil Practice for judgment dismissing the complaint.…
1947 N.Y. Misc. LEXIS 3463 · 0 views
The petitioner in this proceeding, the Attorney General of the United States acting in his capacity as successor to the Alien Property Custodian, seeks to enforce the collection of a claim vested under the Trading with the Enemy Act of 1917 (U.…
People v. Reser Page 3466
1947 N.Y. Misc. LEXIS 3466 · 2 views
The issue on this appeal is whether or not appellant on the date alleged was using his motor vehicle as a taxicab without the appropriate license therefor, in violation of subparagraph (a) of paragraph 43-a of subdivision l of section 436-2.0 of the Administrative Code of the City of New York.…
1947 N.Y. Misc. LEXIS 3468 · 0 views
This is a proceeding under article 78 of the Civil Practice Act, in the nature of mandamus, for an order directing the Municipal Civil Service Commission of the City of Newburgh to accept, approve and file petitioner’s application for the posi*783tian of police lieutenant of the said city, and to' have his papers…
1947 N.Y. Misc. LEXIS 3469 · 0 views
Decedent, Roslyn Levine, died October 7, 1947, leaving a paper writing dated June 23, 1947, which has been offered for probate as her last will and testament.…
Nott v. State Page 3470
1947 N.Y. Misc. LEXIS 3470 · 1 views
Claimant Margaret M. Nott, as administratrix, sues to recover damages for .the death of her husband, *1028Chester W.…
1947 N.Y. Misc. LEXIS 3472 · 0 views
Motion to advance cause under Trial Term Rule V of the New York County Supreme Court Rules.…
1947 N.Y. Misc. LEXIS 3473 · 1 views
It is not disputed that plaintiff’s camp was operated without the permit required by chapter VII of the State Sanitary Code (Official Compilation of Codes, Rules and *444Regulations of State of New York, Vol.…
1947 N.Y. Misc. LEXIS 3474 · 4 views
By this application the defendant seeks transfer of a criminal action from the County Court to the Supreme Court, and also for a change of venue.…
Kinney v. State Page 3476
1947 N.Y. Misc. LEXIS 3476 · 0 views
In the town of Amherst, near Buffalo, exists the intersection of Union Road, a two-lane State highway running north and south, and Wehrle Drive, a three-lane county road running east and west.…
1947 N.Y. Misc. LEXIS 3486 · 1 views
Referee. The defendant, a railroad corporation organized under the laws of Georgia and not authorized to do business in the State of New York, has appeared specially and has moved to set aside the service of a summons within the city of New York upon its assistant secretary.…
1947 N.Y. Misc. LEXIS 3492 · 2 views
In an action to recover damages for personal injuries allegedly sustained by reason of the negligence and nuisance of both defendants, plaintiffs move for an order striking an affirmative defense from the individual defendant’s amended answer on the ground that it is insufficient in law.…
1947 N.Y. Misc. LEXIS 3496 · 0 views
Proceeding under article 78 of the Civil Practice Act to review the determination of the village board of appeals of the Village of Farmingdale, Long Island, which denied the petitioner’s application for a permit to construct a building on her property to be used “as an automobile sales and service garage and gasoline…
1947 N.Y. Misc. LEXIS 3498 · 1 views
Motion for a preference denied. The application is predicated on two affidavits.…
1947 N.Y. Misc. LEXIS 3503 · 1 views
By paying the fee provided for in section 1557-a of the Civil Practice Act, as amended by chapter 770 of the Laws of 1946, the movant knew or should have known that if costs were not allowed the order submitted by' it would automatically be entered by the county clerk.…
Goetz v. Doody Page 3505
1947 N.Y. Misc. LEXIS 3505 · 2 views
The defendant has moved by notice of motion for an order dismissing the complaint for failure to state facts sufficient to constitute a cause of action, and in the alternative to vacate a notice served by the plaintiff to examine the defendant as an adverse party before trial.…
1947 N.Y. Misc. LEXIS 3508 · 2 views
This is a motion for a stay of proceedings.…
1947 N.Y. Misc. LEXIS 3509 · 1 views
This is an application to compel the temporary administrator to judicially file and settle his account herein as the representative of the deceased executrix of the above-named decedent.…
1947 N.Y. Misc. LEXIS 3510 · 0 views
The appellant herein has been convicted of soliciting and carrying baggage as a public porter, not being licensed as such, in violation of section B32-106.0 of the Administrative Code of the City of New York.…
1947 N.Y. Misc. LEXIS 3513 · 1 views
Memorandum The court was without jurisdiction to enter the judgment herein because the statement on which it was based was not verified by defendants or either of them, pursuant to the provisions of section 541 of the Civil Practice Act.…
1947 N.Y. Misc. LEXIS 3514 · 2 views
The plaintiff, in 1945 and prior thereto, was a member of the unincorporated religious association known as the Homell Gospel Center.…
1947 N.Y. Misc. LEXIS 3516 · 1 views
We declare illegal and unqualifiedly condemn the practices pursued as a result of the grossly improper alliance entered into between the defendant, a dental mechanic, and a licensed dentist whereby the safeguards guaranteed the dental patient by law are thrown to the winds.…
1947 N.Y. Misc. LEXIS 3519 · 1 views
Petitioners seek an order requiring respondents to prepare for use at the forthcoming general election in Richmond County new ballots or voting machine strips upon which the names of all candidates shall appear in uniform print and type.…
1947 N.Y. Misc. LEXIS 3521 · 3 views
This is an action by a trustee for judicial settlement of its accounts and for other relief.…
1947 N.Y. Misc. LEXIS 3522 · 1 views
This is an application by one of the respondents for an examination of the executors pursuant to section 263 of the Surrogate’s Court Act, ,the executors having filed their account of proceedings as such and' petitioned for its judicial settlement.…
1947 N.Y. Misc. LEXIS 3524 · 1 views
This is an application for an order directing the Clerk of the County of New York to satisfy a judgment of record by accepting a satisfaction piece for filing.…
1947 N.Y. Misc. LEXIS 3526 · 0 views
Motion under rule 109 of the Rules of Civil Practice is granted and the defense and, counterclaim are stricken from the.…
1947 N.Y. Misc. LEXIS 3534 · 2 views
Application pursuant to article 78 of the Civil Practice Act for an order directing respondents to issue a permit to petitioner to erect and maintain poles and electric lines for the transmission of electricity in certain streets of the Incorporated Village of Old Brookville.…
1947 N.Y. Misc. LEXIS 3535 · 3 views
Memorandum Although these proceedings are brought on the theory that the tenants hold over after the expiration of their terms there is neither pleading nor proof authorizing service of the thirty-day notice terminating the tenancies upon a limitation of the term.…
1947 N.Y. Misc. LEXIS 3536 · 0 views
Motion by plaintiff for the appointment of a receiver pendente lite.…
1947 N.Y. Misc. LEXIS 3538 · 1 views
Memorandum The tenant was not entitled to an offset for the time that was required to repair the damage due to the fire, which was not caused by the landlord’s negligence.…
1947 N.Y. Misc. LEXIS 3540 · 4 views
This action is by the purchaser for specific performance of a contract of sale of a motor car.…
King v. Liotti Page 3541
1947 N.Y. Misc. LEXIS 3541 · 2 views
Motion to examine the defendants before trial granted as prayed for with the exception that all language following the word “ defendants ” on the sixth line of item “ 2 ” will be deleted.…
1947 N.Y. Misc. LEXIS 3542 · 0 views
Memorandum It was error to dismiss the petition without prejudice.…
In re Myones Page 3546
1947 N.Y. Misc. LEXIS 3546 · 2 views
Petitioner instituted an action in the Municipal Court to recovér the sum of $1,000, as the alleged difference between the rent reserved in a written lease and the emergency rent.…
Gough v. Frost Page 3551
1947 N.Y. Misc. LEXIS 3551 · 2 views
The plaintiff, who had obtained a final judgment of separation against her husband on April 30, 1930, which judgment was entered on May 5, 1930, sues to recover the sum of $1,716 from his devisees and legatees for unpaid alimony which had accrued from March 20, 1939, to the decedent’s death on November 20, 1942.…
1947 N.Y. Misc. LEXIS 3556 · 0 views
The fund here involved is ready for distribution, upon this accounting, and the substituted testamentary trustee has requested the court to construe the decedent’s will in order that proper distribution may be made.…
1947 N.Y. Misc. LEXIS 3559 · 0 views
The judgment creditor moves pursuant to sections 793 and 794 of the Civil Practice Act for an order (1) fixing the reasonable value of the judgment debtor’s services to the third party corporation; (2) directing the third party and the judgment debtor to pay to the judgment creditor (a) the accumulated salary of the…
1947 N.Y. Misc. LEXIS 3563 · 1 views
In this proceeding under article 78 of the Civil Practice Act, petitioner seeks an order directing the respondent municipal civil service commissioners to place his name on a special military eligible list for the permanent position of city medical officer in accordance with the provisions of subdivision 7 of section…
1947 N.Y. Misc. LEXIS 3565 · 0 views
The landlord instituted this proceeding to recover l£?üSS§í9R o£ the premises described, in the petition, and now, *988being used for dwelling purposes, for use and occupancy by her married daughter and her son-in-law as housing accommodations.…
1947 N.Y. Misc. LEXIS 3569 · 0 views
This proceeding was instituted under article 78 of the Civil Practice Act for an order directing the respondents, constituting the Board of Standards and Appeals in the Department of Labor, to indorse their approval of the petitioner’s statement and designation as a foreign corporation applying to do business in this…
1947 N.Y. Misc. LEXIS 3571 · 4 views
This is a stockholder’s representative and derivative action; the relief sought is that the defendants be required to account to the corporation for all sums of money which it is alleged defendants have improperly and unlawfully received or taken from the corporation and that they be required to pay the same into the…
1947 N.Y. Misc. LEXIS 3572 · 3 views
Memorandum The appellant was a member of the immediate family of the tenant and upon her decease he did not become a squatter, any more than upon the death of the head of a family the rest of the family would be considered as squatters.…
1947 N.Y. Misc. LEXIS 3573 · 4 views
Plaintiff sues for an accounting as to and a recovery of money it paid as the purchase price of motor trucks *518and equipment.…
1947 N.Y. Misc. LEXIS 3574 · 1 views
Motion to continue injunction denied. The moving papers are defective and insufficient.…
1947 N.Y. Misc. LEXIS 3575 · 1 views
Motion is made to dismiss the complaint upon the ground that plaintiff’s failure to commence the action within one year from the date the action accrued acts as a bar thereto.…
1947 N.Y. Misc. LEXIS 3576 · 2 views
Memorandum The City of New York obtained a certificate from the former rent director.…
1947 N.Y. Misc. LEXIS 3579 · 1 views
In this action for rent, the complaint is based upon a written lease, entered into between the plaintiff, as landlord, and the defendant’s assignors, as tenants.…
1947 N.Y. Misc. LEXIS 3580 · 3 views
In this action for annulment of marriage upon the ground of fraud plaintiff has abandoned one ground upon which it appeared she had originally relied as a basis for the relief sought.…
1947 N.Y. Misc. LEXIS 3582 · 1 views
Motion to dismiss complaint is granted. Plaintiff seeks a declaratory judgment that a general power of attorney, executed by her brother in 1933, and delivered to her is valid insofar as to give the plaintiff control of the disposition of a deposit to her brother’s credit with the defendant bank, a balance…
1947 N.Y. Misc. LEXIS 3585 · 1 views
The claim here is that respondent’s property was damaged while petitioner was moving furniture on August 30, 1941.…
1947 N.Y. Misc. LEXIS 3590 · 1 views
Motion to strike out answer is granted. The action is for divorce and the complaint sets forth all the essential allegations.…
1947 N.Y. Misc. LEXIS 3592 · 1 views
The lease was made subsequent to the Federal rent legislation affecting housing.…
1947 N.Y. Misc. LEXIS 3600 · 3 views
Motion to dismiss complaint upon the ground that the cause of action did not accrue within the time limited by law for the commencement of the action, is denied.…
1947 N.Y. Misc. LEXIS 3601 · 1 views
Memorandum Plaintiff’s attempt to board the train under the circumstances disclosed was, in law, a negligent act which contributed to the happening of the accident.…
Chizik v. Fuchs Page 3602
1947 N.Y. Misc. LEXIS 3602 · 0 views
The defendant seeks to implead an insurance company which has refused to admit liability under an alleged policy of insurance to defend and pay any damages occasioned by automobile accidents in which defendant’s automobile is involved.…
1947 N.Y. Misc. LEXIS 3603 · 2 views
Motion by defendants for an order, pursuant to rule 106 of the Rules of Civil Practice, dismissing the complaint herein for legal insufficiency, or, in the alternative, for an order, pursuant to rule 112 of the Rules of Civil Practice, for judgment on the pleadings.…
1947 N.Y. Misc. LEXIS 3605 · 2 views
Upon the foregoing papers this motion is made by the third party plaintiff to strike out the five separate defenses pleaded in the answer of the third party defendant herein.…
1947 N.Y. Misc. LEXIS 3606 · 0 views
Plaintiff moves to strike out the cross complaint of defendant Rockefeller suing as a third party plaintiff on the ground that the interposition of the third party claim will unduly delay the determination of the main action and will prejudice plaintiff, and on the ground that section 193-a of the Civil Practice Act…
1947 N.Y. Misc. LEXIS 3607 · 1 views
This is a proceeding by the petitioners for the settlement of their accounts as trustees and for a determination of the interests, if any, of each of the respondents in the trust.…
1947 N.Y. Misc. LEXIS 3608 · 8 views
The relator Hamportzoon Choolokian by writ of habeas corpus directed to the Mission of the Immaculate Virgin in whose keeping are two of his sons, George 12, and Albert, 11, and the New York Foundling Hospital in whose keeping is his daughter, Alice, 6, and by amendment, directed also to the commissioner of welfare of…
1947 N.Y. Misc. LEXIS 3611 · 2 views
Plaintiff, a seaman on the S. S. Trumbull, met with an accident while on shore leave in the port of Marseilles.…
1947 N.Y. Misc. LEXIS 3612 · 0 views
The defendant Pfeifer Oil Transportation Co., Inc., moved for summary judgment against the plaintiff and the plaintiff crossed moved for summary judgment against all the defendants.…
1947 N.Y. Misc. LEXIS 3613 · 3 views
Petitioner’s intestate, Joseph T. Zuppa, suffered death by electrocution on the 2d day of August, 1947, on the premises of the Central Hudson Gas and Electric Corporation (hereinafter called for brevity Gas and Electric Corporation) at Poughkeepsie, Hew York.…
1947 N.Y. Misc. LEXIS 3616 · 2 views
The plaintiff, a former tenant of business property owned by the defendants, has brought this "action to recover damages pursuant to the provisions of subdivision (d) of section 8 of the Business Rent Law (L.…
1947 N.Y. Misc. LEXIS 3621 · 2 views
The above-entitled proceedings are brought by persons denied registration in the town of Orangetown, Bock-land County.…
1947 N.Y. Misc. LEXIS 3624 · 1 views
Memorandum Upon the expiration of the lease, which provided for a rental in a graduated scale, landlord was not entitled to receive rent at the rate provided for in the lease for the last month of the term.…
1947 N.Y. Misc. LEXIS 3627 · 0 views
Motion by plaintiff for judgment on the pleadings is denied.…
Chapman v. Ross Page 3629
1947 N.Y. Misc. LEXIS 3629 · 2 views
The motion is granted. This certificate of eviction was denied in the order of denial dated November 26, 1947, for the following reason: “ Although a statutory ground for a certificate is alleged, the facts before the Commission did not entitle the landlord to a certificate.…
1947 N.Y. Misc. LEXIS 3636 · 14 views
This action was instituted by the plaintiff, People of the State of New York, hereafter referred to as State, against the defendant, System Properties, Inc., hereafter referred to as System.…
Carey v. Morton Page 3637
1947 N.Y. Misc. LEXIS 3637 · 4 views
This application, brought on behalf of the petitioners, seeks an order directing the Municipal Civil Service Commission of the City of New York to rescind its action in granting disabled veteran’s preference on trivial, insubstantial or frivolous grounds in connection with the promotion eligible list for lieutenant…
1947 N.Y. Misc. LEXIS 3638 · 0 views
This is a proceeding by Dennis Realty Corp., landlord, to dispossess Abraham Twersky, tenant, for nonpayment of rent for the months of July, August, September and October, 1946.…
1947 N.Y. Misc. LEXIS 3639 · 0 views
Final order and judgment affirmed. Concur: Hammer and Eder, JJ.…
1947 N.Y. Misc. LEXIS 3640 · 3 views
This action is brought to set aside two tax deeds affecting premises owned by the plaintiff on Fire Island Beach, Suffolk County, New York.…
1947 N.Y. Misc. LEXIS 3641 · 3 views
The Barge Canal flows in an easterly direction through the town of Palmyra, Wayne County, and, near the village of Palmyra, parallels the northerly village line which lies about 150 feet to the south of the channel.…
1947 N.Y. Misc. LEXIS 3643 · 0 views
This action has been submitted to the court upon an agreed statement of facts, from which it appears that on June 4, 1946, the plaintiffs delivered to defendant, for storage purposes, a fur coat, at which time defendant executed and delivered to plaintiffs its fur storage agreement (plaintiffs’ Exhibit 2 in evidence)…
1947 N.Y. Misc. LEXIS 3647 · 0 views
Construction of the will of testatrix, dated March 15, 1928, is requested by the administrator c.…
1947 N.Y. Misc. LEXIS 3651 · 0 views
This is a motion by the defendant Newell for judgment on the pleadings dismissing, as to him, the third and fourth causes of action alleged in the complaint.…
1947 N.Y. Misc. LEXIS 3655 · 0 views
This is a motion made in behalf of defendant Hoffner for an order directing the warden of Clinton Prison, Dannemora, New York, to deliver the defendant, Louis Hoffner, to the commissioner of correction of the city of New York and directing the commissioner of correction of the city of New York to deliver the defendant…
1947 N.Y. Misc. LEXIS 3656 · 0 views
This is a motion made in "behalf of the defendant herein directing that the conviction of the defendant be set aside and a new trial ordered and for such other and further relief as may be proper in the premises, This defendant was convicted on January 17, 1941, in the County Court of Queens County of the crime of…
1947 N.Y. Misc. LEXIS 3661 · 7 views
Petitioners seek an order- to' compel the respondents,.…
1947 N.Y. Misc. LEXIS 3667 · 3 views
Motion to dismiss proceeding for alleged failure to serve a sufficient bill of particulars.…
1947 N.Y. Misc. LEXIS 3668 · 2 views
This is an application under article 78 of the Civil Practice Act for an order in the nature of a prohibition restraining the respondent, as Police Justice of the Village of Johnson City, New York, from further proceedings in two criminal actions now pending before him in which the petitioner is defendant, charged…
Golding v. Veal Page 3670
1947 N.Y. Misc. LEXIS 3670 · 1 views
The plaintiff, as an alleged holder for value of five $100 postdated checks, made by the defendant Charlotte Veal to the order of the defendant Rosenberg, and indorsed by the defendant George Veal before delivery, moves to strike from the answer of the defendants Veal the two cross claims which they have asserted…
1947 N.Y. Misc. LEXIS 3672 · 1 views
Plaintiff, who stored her passenger automobile in the public garage operated by defendant, brings this action to recover the sum of $76.…
1947 N.Y. Misc. LEXIS 3673 · 4 views
On this application to fix the emergency rent for business property, pursuant to section 2 of chapter 314 of the Laws of 1945, as amended, the petitioner moves for an order vacating the respondents’ demand for a bill of particulars and for other relief.…
Ucci v. McBrian Page 3676
1947 N.Y. Misc. LEXIS 3676 · 1 views
Petitioner commenced a summary dispossess proceeding in the City Court of White Plains to recover possession of premises “ as housing accommodations for your petitioner’s son, Michael J.…
1947 N.Y. Misc. LEXIS 3678 · 5 views
This is an action brought by plaintiff, a taxpayer, against the defendants praying for a judgment declaring invalid and setting aside (a) certain grants, given without consideration, of lands and easements by the City of Hew York to the United Hations for the headquarters site on the east side of Manhattan, (b) the…
1947 N.Y. Misc. LEXIS 3681 · 1 views
The plaintiff, Max Bialostok, brought an action for the specific performance of an agreement for a joint venture, and for an accounting in connection therewith, against the defendants A.…
1947 N.Y. Misc. LEXIS 3682 · 1 views
The petition asks settlement of the account of the administratrix c.t.a.…
1947 N.Y. Misc. LEXIS 3684 · 4 views
This is a motion pursuant to rules 113 and 114 of the Buies of Civil Practice for summary judgment dismissing the first cause of action.…
1947 N.Y. Misc. LEXIS 3685 · 3 views
In an action by the wife against her husband to recover the sum of $4,750, the alleged reasonable value of necessaries which she herself furnished between November, 1946, and June, 1947, because the defendant breached his obligation to provide them, the latter in his answer has interposed two counterclaims, seeking" a…
1947 N.Y. Misc. LEXIS 3688 · 2 views
In an action brought by plaintiff wife against her husband and the woman with whom he is living for a judgment declaring her (plaintiff) to he the lawful wife, and enjoining the defendants from holding themselves out as husband and wife, the defendants move to dismiss the complaint for legal insufficiency.…
1947 N.Y. Misc. LEXIS 3691 · 2 views
The plaintiff, which is engaged in the business of operating and conducting a children’s camp for boys and girls in Sullivan County, New York, brought suit against the defendant, its director, secretary-treasurer and the owner of 33%% of its stock, for judgment directing him to surrender the corporate books and seal…
1947 N.Y. Misc. LEXIS 3692 · 1 views
On this motion to dismiss the complaint for legal insufficiency, the complaint alleges in substance that defendant purchased a Cadillac automobile from the General Motors Corporation, making a deposit of $100; that defendant sold to plaintiff for $200 his right to receive the automobile, upon condition that plaintiff…
1947 N.Y. Misc. LEXIS 3694 · 1 views
Hanruth Realty Corp. is the owner and Globe Operating Co., Inc., the lessee, of an entire building, the store of which is tenanted by Morris Horowitz, and the second floor of the same premises is occupied by the plaintiff, Elizabeth D’Angelo.…
1947 N.Y. Misc. LEXIS 3697 · 3 views
This is an appeal from a judgment of conviction in the City Court of Sherrill, convicting the defendant of exceeding the speed limit in violation of section 3 of Ordinance Number 18 of the City of Sherrill.…
1947 N.Y. Misc. LEXIS 3699 · 1 views
Concur: Hammer, Hofstadter and Hecht, Jb.,.…
People v. Brody Page 3701
1947 N.Y. Misc. LEXIS 3701 · 5 views
This is an application for a certificate of reasonable doubt.…
1947 N.Y. Misc. LEXIS 3704 · 1 views
I feel that this matter falls within the purview of the decision of Mr. Justice Valente in Baron v. Newgass (N.…
1947 N.Y. Misc. LEXIS 3706 · 0 views
Application, pursuant to subdivision 6 of section 50-e of the General Municipal Law, for leave to amend a notice of claim so as to indicate with greater particularity the place where the alleged accident occurred.…
1947 N.Y. Misc. LEXIS 3707 · 1 views
Plaintiff is the publisher and defendant the author of a book entitled “ Why Should Penguins Fly.” In the contract between them defendant agreed “ To keep the publishers safe, whole and harmless from all damage, hurt and expense of every nature, kind and description whatsoever arising from any claims or infringement…
1947 N.Y. Misc. LEXIS 3708 · 4 views
John B. Jackson was arrested on September 13, 1947, charged with a violation of section 43 of the Penal Law, which is a misdemeanor.…
1947 N.Y. Misc. LEXIS 3710 · 1 views
Deceased’s will created trusts for the respective benefits of his three daughters.…
1947 N.Y. Misc. LEXIS 3711 · 3 views
In an action to recover a balance of $5,818.75 claimed to be due from the defendant to the plaintiff for certain work, labor and services performed,- and materials furnished for the repair and conversion of a certain steamship, the oom*355plaint alleges that the agreed price and reasonable value of the entire job was…
1947 N.Y. Misc. LEXIS 3712 · 0 views
Defendant is a banking corporation with branches in Shanghai, China, and in New York.…
1947 N.Y. Misc. LEXIS 3717 · 2 views
The plaintiff, who for several years prior to on of about October 30, 1946, was a tenant in a two-family dwelling house owned by the defendant, sued to recover damages Which he claims were occasioned by Ms voluntary removal from the premises in reliance Upon “ A Certificate Relating to EyietiOn ” WMeh was issued by…
1947 N.Y. Misc. LEXIS 3719 · 3 views
Motion by plaintiffs for an order, pursuant to section 443 of the Civil Practice Act, directing a separate trial of the issue of liability for negligence prior to the trial of the issue of damages.…
1947 N.Y. Misc. LEXIS 3720 · 0 views
On the filing of his final account and in pursuance of section 227 of the Surrogate’s Court Act the executor has asked in this proceeding for a decree directing him as such executor to make and deliver to Frank E.…
Seiler v. Geier Page 3721
1947 N.Y. Misc. LEXIS 3721 · 1 views
This action seeks to compel the defendant to perform specifically a written agreement, dated May 12, 1947, which he alone signed.…
1947 N.Y. Misc. LEXIS 3724 · 3 views
Plaintiff moves for judgment on the pleadings, pursuant to rule 112 of the Buies of Civil Practice.…
1947 N.Y. Misc. LEXIS 3725 · 0 views
For the reasons set forth in the accompanying-opinion (190 Misc.…
1947 N.Y. Misc. LEXIS 3726 · 4 views
Memorandum Meeting rooms not located in hotels do not come within the category of rental space expressly excepted from the operation of chapter 314 of the Laws of 1945, as amended (known as the Business Rent Law).…
1947 N.Y. Misc. LEXIS 3727 · 0 views
Motion to dismiss the complaint is granted.…
1947 N.Y. Misc. LEXIS 3728 · 0 views
The plaintiff brought this action against its .…
1947 N.Y. Misc. LEXIS 3729 · 1 views
The defendant George Schilb moves to vacate a judgment by default entered against him twelve years ago, upon the grounds that he was an infant, twenty years of age, when served with the summons, and that a copy thereof was not served on any of the persons designated in section 225 of the Civil Practice Act,' and that…
1947 N.Y. Misc. LEXIS 3730 · 4 views
This is a motion to vacate an order granting to plaintiff leave to serve a notice of claim on defendant.…
1947 N.Y. Misc. LEXIS 3732 · 2 views
Joseph Green brought an action against Hudson Shoring Go.…
1947 N.Y. Misc. LEXIS 3734 · 2 views
On August 1, 1940, testator executed his will wherein he named his daughter executrix and disposed of his estate as follows: “ Second: I give and bequeath unto Esther Cusack of No. 123-08 — 26th Avenue, College Point, Queens County, New York, and to my daughter, Viola Gunther, of Flushing, Queens County, New York, all…
1947 N.Y. Misc. LEXIS 3735 · 0 views
The decedent herein died in a Japanese prisoner of war camp on the island of Amboina on January 18, 1945, leaving him surviving as his only distributees his mother, the proponent, and his father.…
1947 N.Y. Misc. LEXIS 3738 · 2 views
In this accounting proceeding the executor has requested the court to construe the first paragraph of the codicil dated June 18, 1941, which reads as follows: “ I hereby revoke, cancel and annul the bequest of one thousand ($1000.00) dollars, made to Charles Ingman, in and by paragraph numbered * Eighth ’ of my…
1947 N.Y. Misc. LEXIS 3739 · 3 views
Official Beferee. Plaintiff bought a used automobile of defendant delivered on or about August 5, 1946, at an alleged price in excess of the existing Office of Price Administration price regulation thereon.…
1947 N.Y. Misc. LEXIS 3741 · 1 views
This is an application for an order permitting the defendant Aetna Life Insurance Company to give notice to.…
1947 N.Y. Misc. LEXIS 3742 · 1 views
The parties in this action were married in 1916.…
1947 N.Y. Misc. LEXIS 3745 · 1 views
In connection with the settlement of the account of the administrators c.t.a.…
1947 N.Y. Misc. LEXIS 3748 · 3 views
Plaintiff’s motion for summary judgment and defendant’s cross motion for summary judgment are each denied.…
1947 N.Y. Misc. LEXIS 3750 · 2 views
Decedent died in the city of Schenectady on or about November 21, 1945, leaving a widow and no children.…
1947 N.Y. Misc. LEXIS 3751 · 2 views
This is a summary proceeding instituted by the landlord to recover possession of premises occupied by this tenant.…
1947 N.Y. Misc. LEXIS 3752 · 1 views
The jurisdiction of the Surrogate’s Court of Delaware County is challenged on the ground that the decedent was not a resident of Delaware County at the time of his death.…
1947 N.Y. Misc. LEXIS 3753 · 1 views
The defendant has made a motion for an order dismissing the complaint in each of the above actions on the ground that the complaint in each action does not state facts sufficient to constitute a cause of action.…
1947 N.Y. Misc. LEXIS 3754 · 0 views
The plaintiff trustees seek instructions with respect to the allocation of estate and inheritance taxes that have been imposed with respect to the agreement of trust and determining the rights of all the parties and for other relief; the defendant executors seek a judgment against plaintiffs, as trustees of the…
1947 N.Y. Misc. LEXIS 3756 · 0 views
The will of deceased dated July 27, 1938, was admitted to probate by decree dated June 13, 1947.…
In re Girardon Page 3758
1947 N.Y. Misc. LEXIS 3758 · 2 views
The Superintendent of Banks of the State of New York, having reason to suppose that certain individuals, among them the above-named applicant, were conducting a business in violation of the provisions of the Banking Law of the State of New York, particularly section 180 thereof, initi*774ated an investigation pursuant…
1947 N.Y. Misc. LEXIS 3759 · 3 views
The plaintiff in this action is the mother of the defendant, Georgette Wilma Vulovich.…
1947 N.Y. Misc. LEXIS 3761 · 1 views
The defendant Friedman is charged on the complaint of the Building Inspector of the City of New Rochelle with having on October 26, 1946, at 30 Eastchester Road in this City, “ wilfully and unlawfully violated Article VII, Sec. 1, of the Zoning Ordinance of the City of New Rochelle, by conducting a business on the…
1947 N.Y. Misc. LEXIS 3762 · 2 views
As to plaintiff French, individually: Admittedly the plaintiff did not exhaust his remedies within the association to obtain appellate review by the general executive board of the decision of the district council adopting the determination of the trial board.…
1947 N.Y. Misc. LEXIS 3764 · 2 views
The landlord has initiated eighteen summary proceedings to secure possession of the housing accommodations occupied by each of the tenants named in the respective petitions.…
1947 N.Y. Misc. LEXIS 3766 · 0 views
Memorandum The agreed statement of facts shows that all the owners in common have united in this proceeding and that the possession sought is for one of them.…
1947 N.Y. Misc. LEXIS 3768 · 2 views
This is a motion for judgment of foreclosure and sale in an in rem tax lien foreclosure, and to determine the priorities of the parties and the manner of distribution of the proceeds of sale.…
1947 N.Y. Misc. LEXIS 3769 · 1 views
Concur; Hammeb, Hofstadter and Hecht, Jr., JJ.
1947 N.Y. Misc. LEXIS 3770 · 1 views
Plaintiff swore the motor was very hot. He knew that when he ordered the gasoline put into his tank above the motor.…
1947 N.Y. Misc. LEXIS 3771 · 1 views
Concur: Hammer, Hofstadteb and Hecht, Jr., JJ.
1947 N.Y. Misc. LEXIS 3772 · 0 views
Final order and order affirmed, with $25 costs.…
1947 N.Y. Misc. LEXIS 3776 · 5 views
This motion is for judgment on the pleadings, after issue joined, in favor of the plaintiff, on the ground that no triable issue of fact is raised by the answer and that plaintiff is entitled to judgment as matter of law.…
1947 N.Y. Misc. LEXIS 3777 · 5 views
The parties to this action were formerly husband and wife.…
1947 N.Y. Misc. LEXIS 3778 · 0 views
The paper writing offered for probate does not in terms nominate an executor.…
1947 N.Y. Misc. LEXIS 3783 · 0 views
Paragraph “ First” of the propounded instrument directs decedent’s husband, the sole legatee, to pay all her debts and funeral expenses.…
1947 N.Y. Misc. LEXIS 3790 · 0 views
Final order affirmed, with $25 costs. Concur; Hammer, Hofstadter and Hecht, JJ.
1947 N.Y. Misc. LEXIS 3795 · 0 views
It appears that the plaintiffs, Kind, are suing the defendant, B.…
1947 N.Y. Misc. LEXIS 3798 · 2 views
The application for consent to transfer to this court an action now pending in the Supreme Court is in all respects granted.…
1947 N.Y. Misc. LEXIS 3805 · 1 views
This is a motion under rules 106 and 107 of the Rules of Civil Practice to dismiss each cause of action alleged in the third amended complaint herein on the following grounds as to the defendants Wolcott J.…
1947 N.Y. Misc. LEXIS 3808 · 1 views
The plaintiff did not employ the defendant to perform the operation.…
1947 N.Y. Misc. LEXIS 3811 · 0 views
These proceedings are instituted by Knickerbocker Village, Inc. as landlord.…
1947 N.Y. Misc. LEXIS 3815 · 4 views
This is a motion for summary judgment under rule 113 of the Rules of Civil Practice.…
1947 N.Y. Misc. LEXIS 3816 · 1 views
This is an action in ejectment involving title to lands under the waters of an eight-acre body of water located on the north side of Shinnecock Bay in Hampton Bays, Town of Southampton, Long Island (hereafter called Penny Pond).…
1947 N.Y. Misc. LEXIS 3819 · 2 views
This is an application under article 78 of the Civil Practice Act for an order to compel the board of directors of the corporation respondent to call a special meeting of the stockholders of said corporation for the purpose .of removing from office all of the directors of said corporation except one.…
1947 N.Y. Misc. LEXIS 3822 · 9 views
Although this proceeding is merely a hearing on the misdemeanor charge of violating section 1141 of the Penal Law by the sale of a book entitled, “ End As A Man,” published by the defendant, the question as to whether it is “ obscene, lewd, lascivious, filthy, indecent or disgusting ” within the meaning of that…
1947 N.Y. Misc. LEXIS 3827 · 2 views
Plaintiff seeks judgment declaring that Ms several bids submitted to defendant city October 2, 1946, for eleven different items of sanitary sewer construction and totaling somewhat over $98,000 be rescinded, cancelled and declared null and void and of no effect; also, perpetually enjoining the defendants from…
1947 N.Y. Misc. LEXIS 3829 · 1 views
The action is brought to recover the face value of two life insurance policies issued by the defendant upon the life of John A.…
1947 N.Y. Misc. LEXIS 3830 · 4 views
Motion by plaintiff for an order disaffirming the report of the official referee and for a further order granting to the plaintiff herein an interlocutory judgment of annulment of marriage.…
1947 N.Y. Misc. LEXIS 3834 · 3 views
The causes of action alleged in the complaint are insufficient under the decision of Thomsen v. Texon (189 Misc.…
1947 N.Y. Misc. LEXIS 3835 · 1 views
A motion for summary judgment under rule 113 of the Rules of Civil Practice was brought by the respondents, E.…
1947 N.Y. Misc. LEXIS 3836 · 2 views
Plaintiff, agent of a life insurance company, invited and obtained applications from the defendants for life insurance policies in that company.…
Tuerck v. State Page 3848
1947 N.Y. Misc. LEXIS 3848 · 3 views
Claimant’s intestate, her son, aged a little less than six years, while playing with a young companion at Ore Pit Pond in Taconic State Park, fell into the water and was drowned.…
1947 N.Y. Misc. LEXIS 3849 · 1 views
Motion by defendants, a copartnership, for an order vacating plaintiff’s notice of examination, subpoena and subpoena duces tecum, or, in the alternative, modifying and limiting the same.…
1947 N.Y. Misc. LEXIS 3850 · 4 views
Close, Official Eeferee. This is an action brought to declare the zoning ordinance of the town of Patterson unconstitutional and void insofar as the property of the plaintiffs is concerned and to compel the building inspector of such town to issue a building permit to the plaintiffs.…
1947 N.Y. Misc. LEXIS 3853 · 2 views
TMs motion for summary judgment dismissing the complaint is granted.…
McCabe v. State Page 3863
1947 N.Y. Misc. LEXIS 3863 · 3 views
John F. McCabe was committed to the Rock-land State Hospital by order of the Supreme Court, pursuant to the procedure prescribed in the Mental Hygiene Law, September 15, 1942.…
King v. Liotti Page 3864
1947 N.Y. Misc. LEXIS 3864 · 4 views
In an action for wrongful death alleged to have resulted when a rowboat on Long Island Sound, which the decedents occupied, was struck by a motor boat owned and operated by the defendant, Liotti, plaintiffs move, pursuant to rule 109 of the Rules of Civil Practice, to strike out the second and third partial defenses…
1947 N.Y. Misc. LEXIS 3865 · 0 views
The relator was convicted in the County Court of Westchester County of the felony of possessing burglar’s tools and was thereafter duly arraigned upon an information pursuant to section 1943 of the Penal Law, charging him with having been thrice previously convicted of felonies within the meaning of section 1942 of…
1947 N.Y. Misc. LEXIS 3866 · 3 views
This is a motion for an injunction pendente lite in an action to enjoin defendants from “ refusing, withholding from, or denying to any of the plaintiffs or any others similarly situated ” any of the apartments in the housing project known as Stuyvesant Town “ because of the race or color of said person or persons.”…
1947 N.Y. Misc. LEXIS 3867 · 0 views
This motion is granted and the complaint is dismissed.…
1947 N.Y. Misc. LEXIS 3869 · 0 views
This is a proceeding seeking the construction of the third paragraph of the last will and testament of John M.…
1947 N.Y. Misc. LEXIS 3870 · 1 views
No appeal lies as of right from an order granting a motion for summary judgment, and permission to appeal must be obtained (N.…

People and organizations on PlainSite with a photograph on file, alphabetically.

A
Adams, Eric Leroy Adelson, Sheldon G. Ahuja, Deepak P. Altman, Samuel Harris
Adams, Eric Leroy
Adelson, Sheldon G.
Ahuja, Deepak P.
Altman, Samuel Harris
Andreessen, Marc L. Armstrong, Lance Edward Assange, Julian Azar, II, Alex Michael
Andreessen, Marc L.
Armstrong, Lance Edward
Assange, Julian
Azar, II, Alex Michael
B
Bankman-Fried, Samuel Bannon, Stephen Kevin Barr, William P. Benioff, Marc
Bankman-Fried, Samuel
Bannon, Stephen Kevin
Barr, William P.
Benioff, Marc
Bernanke, Ben Shalom Berryhill, Nancy A. Bessent, Scott Bezos, Jeffrey P.
Bernanke, Ben Shalom
Berryhill, Nancy A.
Bessent, Scott
Bezos, Jeffrey P.
Biden Jr., Joseph R. Blanche, Todd Blankfein, Lloyd C. Blinken, Antony J.
Biden Jr., Joseph R.
Blanche, Todd
Blankfein, Lloyd C.
Blinken, Antony J.
Bloomberg, Michael Rubens Bondi, Pamela Booker, Cory A. Bovino, Gregory
Bloomberg, Michael Rubens
Bondi, Pamela
Booker, Cory A.
Bovino, Gregory
Bowles, Erskine B. Breed, London Breyer James Brin, Sergey
Bowles, Erskine B.
Breed, London
Breyer James
Brin, Sergey
Brockman, Greg D. Bush, George Walker Buttigieg, Pete  
Brockman, Greg D.
Bush, George Walker
Buttigieg, Pete
 
C
Carson, Sr., Ben S. Chao, Elaine L. Chenault, Kenneth I. Cheney, Richard B.
Carson, Sr., Ben S.
Chao, Elaine L.
Chenault, Kenneth I.
Cheney, Richard B.
Chertoff, Michael Clinton, Hillary Rodham Clinton, William Jefferson Combs, Sean
Chertoff, Michael
Clinton, Hillary Rodham
Clinton, William Jefferson
Combs, Sean
Comey, James B. Cook, Timothy D. Cosby, William H., Jr.  
Comey, James B.
Cook, Timothy D.
Cosby, William H., Jr.
 
D
De Blasio, Bill Denholm, Robyn M. Depp, II, John Christopher Dershowitz, Alan M.
De Blasio, Bill
Denholm, Robyn M.
Depp, II, John Christopher
Dershowitz, Alan M.
DeSantis, Ronald D. Desmond-Hellmann, Susan DeVos, Elisabeth Dimon, Jamie
DeSantis, Ronald D.
Desmond-Hellmann, Susan
DeVos, Elisabeth
Dimon, Jamie
Doerr, L. John Dorsey, Jack Duncan, Arne  
Doerr, L. John
Dorsey, Jack
Duncan, Arne
 
E
Ebbers, Bernard J. Ehrenpreis, Ira Matthew Eisner, Michael D. Ellison, Lawrence J.
Ebbers, Bernard J.
Ehrenpreis, Ira Matthew
Eisner, Michael D.
Ellison, Lawrence J.
Epstein, Jeffrey E.      
Epstein, Jeffrey E.
     
F
Faust, Drew Gilpin Flynn, Michael Thomas    
Faust, Drew Gilpin
Flynn, Michael Thomas
   
G
Gabbard Tamayo, Tulsi Garland, Merrick Gates, Melinda French Gates, Robert M.
Gabbard Tamayo, Tulsi
Garland, Merrick
Gates, Melinda French
Gates, Robert M.
Gates, William Henry Gebbia, Joseph Nicholas Gillibrand, Kirsten Giuliani, Rudolph
Gates, William Henry
Gebbia, Joseph Nicholas
Gillibrand, Kirsten
Giuliani, Rudolph
Gracias, Antonio J. Graham, Donald Graham, Lindsey O. Greenspan, Aaron
Gracias, Antonio J.
Graham, Donald
Graham, Lindsey O.
Greenspan, Aaron
Greenspan, Alan      
Greenspan, Alan
     
H
Harris, Kamala Devi Hastings, W. Reed Hawley, Joshua D. Hayden, Michael V.
Harris, Kamala Devi
Hastings, W. Reed
Hawley, Joshua D.
Hayden, Michael V.
Hegseth, Peter Brian Hennessy John L Holder, Jr., Eric H. Holmes, Elizabeth A.
Hegseth, Peter Brian
Hennessy John L
Holder, Jr., Eric H.
Holmes, Elizabeth A.
Huang, Jen-hsun Hughes, Christopher Ray    
Huang, Jen-hsun
Hughes, Christopher Ray
   
I
Icahn, Carl C.      
Icahn, Carl C.
     
J
Jackson, Michael Joseph Jackson, Sr., Jesse L. Jobs, Steven P. Jurvetson, Stephen T.
Jackson, Michael Joseph
Jackson, Sr., Jesse L.
Jobs, Steven P.
Jurvetson, Stephen T.
K
Kemp, Brian P. Kennedy, Robert F., Jr. Koch, David Koum, Jan
Kemp, Brian P.
Kennedy, Robert F., Jr.
Koch, David
Koum, Jan
Kushner, Jared C.      
Kushner, Jared C.
     
L
Lay, Kenneth L Lemon, Don Leopold, Jason Lutnick, Howard W.
Lay, Kenneth L
Lemon, Don
Leopold, Jason
Lutnick, Howard W.
Lyons, Todd M.      
Lyons, Todd M.
     
M
Madoff, Bernard L. Maduro Moros, Nicolas Manafort, Paul J., Jr. Manning, Chelsea
Madoff, Bernard L.
Maduro Moros, Nicolas
Manafort, Paul J., Jr.
Manning, Chelsea
Martin, Edward R., Jr. Maxwell, Ghislaine McConnell, Jr., Addison Mitch McFarland, William
Martin, Edward R., Jr.
Maxwell, Ghislaine
McConnell, Jr., Addison Mitch
McFarland, William
McKesson, DeRay Milton, Trevor Robert Mnuchin, Steven Moritz, Michael J.
McKesson, DeRay
Milton, Trevor Robert
Mnuchin, Steven
Moritz, Michael J.
Moskovitz, Dustin A. Mueller, Robert S., III Mulvaney, Mick Murdoch, A.C., K. Rupert
Moskovitz, Dustin A.
Mueller, Robert S., III
Mulvaney, Mick
Murdoch, A.C., K. Rupert
Murdoch, James R. Murdoch, Lachlan K. Musk, Elon Reeve Musk, Kimbal J.
Murdoch, James R.
Murdoch, Lachlan K.
Musk, Elon Reeve
Musk, Kimbal J.
Myhrvold, Nathan P.      
Myhrvold, Nathan P.
     
N
Nadella, Satya Navarro, Peter K. Neumann, Adam Newsom, Gavin
Nadella, Satya
Navarro, Peter K.
Neumann, Adam
Newsom, Gavin
Nielsen, Kirstjen Noem, Kristi Nunes, Devin G.  
Nielsen, Kirstjen
Noem, Kristi
Nunes, Devin G.
 
O
Obama, Barack Hussein Office of the New York Attorney General Okeke-Von Batten, Karl-Marx Edward  
Obama, Barack Hussein
Office of the New York Attorney General
Okeke-Von Batten, Karl-Marx Edward
 
P
Page, Lawrence Patel, Kashyap Pelosi, Nancy Pence, Michael Richard
Page, Lawrence
Patel, Kashyap
Pelosi, Nancy
Pence, Michael Richard
Petit, Parker H. Pichai, Sundar Pompeo, Michael Richard Powell, Sidney
Petit, Parker H.
Pichai, Sundar
Pompeo, Michael Richard
Powell, Sidney
Prince, Erik D. Putin, Vladimir Vladimirovich    
Prince, Erik D.
Putin, Vladimir Vladimirovich
   
Q
Qazi, Omar      
Qazi, Omar
     
R
Rice, Condoleezza Rive, Lyndon Robert Romney, Willard Mitt Rosenstein, Rod J.
Rice, Condoleezza
Rive, Lyndon Robert
Romney, Willard Mitt
Rosenstein, Rod J.
Ross, Wilbur L. Jr. Rubio, Marco Rumsfeld, Donald H.  
Ross, Wilbur L. Jr.
Rubio, Marco
Rumsfeld, Donald H.
 
S
Sandberg, Sheryl K. Saverin, Eduardo Saylor, Michael Jerry Schiff, Adam
Sandberg, Sheryl K.
Saverin, Eduardo
Saylor, Michael Jerry
Schiff, Adam
Schmidt, Eric E. Schroepfer, Michael Todd Schultz Howard D Sessions, Jefferson Beauregard, III
Schmidt, Eric E.
Schroepfer, Michael Todd
Schultz Howard D
Sessions, Jefferson Beauregard, III
Sharpton, Alfred Shkreli, Martin Shriram Kavitark Ram Snowden, Edward
Sharpton, Alfred
Shkreli, Martin
Shriram Kavitark Ram
Snowden, Edward
Spears, Britney Spiegel, Evan Thomas Spiro, Alexander Benjamin Stone, Roger J.
Spears, Britney
Spiegel, Evan Thomas
Spiro, Alexander Benjamin
Stone, Roger J.
Straubel, Jeffrey Brian Summers, Lawrence Henry Sutskever, Ilya Swift, Taylor
Straubel, Jeffrey Brian
Summers, Lawrence Henry
Sutskever, Ilya
Swift, Taylor
T
Taylor, Bret Steven Teller, Samuel Thiel, Peter Tillerson, Rex W.
Taylor, Bret Steven
Teller, Samuel
Thiel, Peter
Tillerson, Rex W.
Tinubu, Bola Ahmed Trump, Donald J. Trump, Donald J. Jr. Trump, Eric
Tinubu, Bola Ahmed
Trump, Donald J.
Trump, Donald J. Jr.
Trump, Eric
Trump, Ivanka Trump, Melania    
Trump, Ivanka
Trump, Melania
   
U
Ullyot, Theodore Warren      
Ullyot, Theodore Warren
     
V
Vance, Jr., Cyrus R.      
Vance, Jr., Cyrus R.
     
W
Warren, Elizabeth Whitman, Margaret C.    
Warren, Elizabeth
Whitman, Margaret C.
   
Y
Yellen, Janet      
Yellen, Janet
     
Z
Zhao, Changpeng Zilis, Shivon Zuckerberg, Mark Elliot  
Zhao, Changpeng
Zilis, Shivon
Zuckerberg, Mark Elliot
 
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