Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York, Volume 125
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accident action affirmed agreed agreement alleged allowed amended amount appeal application assessment assume attorney authority bank brought cause of action chap charge claim clerk complaint concurred condition consideration construction contract corporation costs counsel court damages deceased defendant defendant's denied determined directed dollars duty entered entitled evidence facts favor follows Fourth Department given granted ground held injury intention interest issue judgment jury land lease March Matter ment motion necessary negligence notice operation opinion owner paid parties payment performance person plaintiff possession premises presented proceedings purchase question railroad reason received recover reference relator respondent reversed rule Second Department Special statute street sufficient Supreme Court taken telephone Term thereof tion trial trustees verdict witness York
Page 16 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 477 - ... under the provisions of this section shall be deemed to be invalid or insufficient solely by reason of any inaccuracy in stating the time, place or cause of the injury if it be shown that there was no intention to mislead and that the party entitled to notice was not in fact misled thereby.
Page 683 - A person employing or directing another to perform labor of any kind in the erection, repairing, altering, or painting of a house, building, or structure shall not furnish or erect, or cause to be furnished or erected, for the performance of such labor scaffolding, hoists, stays, ladders, or other mechanical contrivances which are unsafe, unsuitable, or improper, and which are not so constructed, placed, and operated as to give proper protection to the life and limb of i person so employed or engaged.
Page 612 - And the said party of the second part agrees to pay to the party of the first part the rent as above stated, except when said premises are untenantable by reason of fire, or from any other cause than the carelessness of the party of the second part, or persons family, or in employ, or by superior force and inevitable necessity.
Page 477 - ... no action for the recovery of compensation for injury or death under this act shall be maintained, unless notice of the time, place and cause of the injury is given to the employer within sixty days, and the action is commenced within one year from the occurrence of the accident causing the injury or death.
Page 601 - The rule of the common law is, that where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed.
Page 200 - Whenever a testator shall have a child born after the making of a last will, either in the lifetime or after the death of such testator, and shall die leaving such child, so after-born, unprovided for by any settlement, and neither provided for, nor in any way mentioned in such will, every such child shall succeed to the same portion of such parent's real and personal estate, as would have descended or been distributed to such child, if such parent had died intestate, and shall be entitled to recover...
Page 224 - But such fees and expenses shall not be paid until they have been taxed before a justice of the supreme court in the judicial district in which said city is situated upon five days' notice to the counsel to the corporation, or other chief legal adviser of said city.
Page 445 - ... the canal having been made under an Act of Parliament, the rights of the plaintiffs are derived entirely from that Act. This, like many other cases, is a bargain between a company of adventurers and the public, the terms of which are expressed in the statute ; and the rule of construction, in all such cases, is now fully established to be this ; that any ambiguity in the terms of the contract must operate against the adventurers, and in favor of the public, and the plaintiffs can claim nothing...