City of New York v. Vollkommer

Appellate Division of the Supreme Court of New York

City of New York v. Vollkommer

93 N.Y.S. 1123

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 5, 1905

StatusPublished

This text of 93 N.Y.S. 1123 (City of New York v. Vollkommer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of New York v. Vollkommer, 93 N.Y.S. 1123 (N.Y. Ct. App. 1905).

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Opinion

PER CURIAM.

The judgment in this case is in effect merely an adjudication that the city [1124]*1124of New York, being subjected to the demands of various claimants to the sum of $9,347.42 due upon a contract, be absolved from such demands by reason of the fact that it has paid said sum into court; the claimants being left at liberty to litigate their demands as against one another, upon due notice, and the determination of their respective claims to be noted at the foot of the judgment. Our decision affirming the Special Term order granting the preliminary injunction in this case (95 App. Div. 632, 88 N. Y. Supp. 1094) necessarily involved the conclusion that the city was entitled to this relief upon the facts then presented for the consideration of the court. No material difference in the facts is made to appear upon this appeal. It follows that the judgment should be affirmed.

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PER CURIAM.

The judgment in this case is in effect merely an adjudication that the city [1124]*1124of New York, being subjected to the demands of various claimants to the sum of $9,347.42 due upon a contract, be absolved from such demands by reason of the fact that it has paid said sum into court; the claimants being left at liberty to litigate their demands as against one another, upon due notice, and the determination of their respective claims to be noted at the foot of the judgment. Our decision affirming the Special Term order granting the preliminary injunction in this case (95 App. Div. 632, 88 N. Y. Supp. 1094) necessarily involved the conclusion that the city was entitled to this relief upon the facts then presented for the consideration of the court. No material difference in the facts is made to appear upon this appeal. It follows that the judgment should be affirmed.

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Bluebook (online)

93 N.Y.S. 1123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-new-york-v-vollkommer-nyappdiv-1905.

Opinion

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