Danziger v. Rice

Appellate Division of the Supreme Court of New York

Danziger v. Rice

249 A.D. 536, 293 N.Y.S. 361, 1937 N.Y. App. Div. LEXIS 9642

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

DecidedFebruary 11, 1937

StatusPublished

This text of 249 A.D. 536 (Danziger v. Rice) 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

Danziger v. Rice, 249 A.D. 536, 293 N.Y.S. 361, 1937 N.Y. App. Div. LEXIS 9642 (N.Y. Ct. App. 1937).

Pincite

Opinion

Per Curiam.

While the defense attacked may not be stricken out for insufficiency, we are of opinion that the good faith of the defendant commissioner with respect to obtaining an appropriation is very much in issue. So, too, the petitioner will be entitled to offer proof as to whether provision for the payment of the salary had been made in the estimates, or otherwise.

The order, so far as appealed from, therefore, should be affirmed, but without costs.

[537]*537Present — Martin. P. J., McAvoy, O’Malley, Untermyer and, Cohn, JJ.

Order, so far as appealed from, unanimously affirmed, without costs.

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Per Curiam.

While the defense attacked may not be stricken out for insufficiency, we are of opinion that the good faith of the defendant commissioner with respect to obtaining an appropriation is very much in issue. So, too, the petitioner will be entitled to offer proof as to whether provision for the payment of the salary had been made in the estimates, or otherwise.

The order, so far as appealed from, therefore, should be affirmed, but without costs.

[537]*537Present — Martin. P. J., McAvoy, O’Malley, Untermyer and, Cohn, JJ.

Order, so far as appealed from, unanimously affirmed, without costs.

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Bluebook (online)

249 A.D. 536, 293 N.Y.S. 361, 1937 N.Y. App. Div. LEXIS 9642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/danziger-v-rice-nyappdiv-1937.