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Cunningham v. City of New York

175 A.D. 795, 162 N.Y.S. 767, 1916 N.Y. App. Div. LEXIS 10442
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 29, 1916
StatusPublished

This text of 175 A.D. 795 (Cunningham v. City of New York) 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
Cunningham v. City of New York, 175 A.D. 795, 162 N.Y.S. 767, 1916 N.Y. App. Div. LEXIS 10442 (N.Y. Ct. App. 1916).

Opinion

Per Curiam:

The order here appealed from should be affirmed. The alleged newly-discovered evidence is not such. It could have been presented at the trial or the fact that the alleged payments were made established, and if such evidence had been presented it could not have changed the result. The city paid Waring without any authority whatever. Besides, the city is fully protected under Matter of Cunningham (175 App. Div. 791), decided herewith.

Present — Clarke, P. J., McLaughlin, Laughlin, Dowling and Davis, JJ.

Order affirmed, with ten dollars costs and disbursements.

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Related

In re Cunningham
175 A.D. 791 (Appellate Division of the Supreme Court of New York, 1916)

Cite This Page — Counsel Stack

Bluebook (online)
175 A.D. 795, 162 N.Y.S. 767, 1916 N.Y. App. Div. LEXIS 10442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cunningham-v-city-of-new-york-nyappdiv-1916.