Humble Oil & Refining Co. v. Town of Goshen

Appellate Division of the Supreme Court of New York

Humble Oil & Refining Co. v. Town of Goshen

18 A.D.2d 1107, 239 N.Y.S.2d 860, 1963 N.Y. App. Div. LEXIS 3855

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

DecidedApril 29, 1963

StatusPublished

This text of 18 A.D.2d 1107 (Humble Oil & Refining Co. v. Town of Goshen) 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

Humble Oil & Refining Co. v. Town of Goshen, 18 A.D.2d 1107, 239 N.Y.S.2d 860, 1963 N.Y. App. Div. LEXIS 3855 (N.Y. Ct. App. 1963).

Pincite

Opinion

In an action for goods sold and delivered, the defendant Town of Goshen appeals: (1) from an order of the Supreme Court, Westchester County, dated May 14, 1962, which (a) granted summary judgment in favor of plaintiff against said defendant; and (b) denied said town’s cross motion for change of venue; and (2) from the judgment of said court entered May 31, 1962 on said order. Appeal dismissed, without costs, as academic. Admittedly, the individual defendant’s alleged illegal acts as Highway Superintendent were subsequently validated under the provisions of section 227 of the County Law, and the claim was satisfied by the defendant town which thus ratified the acts in question. This action, therefore, no longer presents justiciable issues, and the questions raised on this appeal have become moot as between the parties (cf. Tañar ella v. MeClane, 16 A D 2d 982, 983, and eases there cited). In our opinion, the action does not present questions of such importance as to require a determination by this court in the public interest. Ughetta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

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In an action for goods sold and delivered, the defendant Town of Goshen appeals: (1) from an order of the Supreme Court, Westchester County, dated May 14, 1962, which (a) granted summary judgment in favor of plaintiff against said defendant; and (b) denied said town’s cross motion for change of venue; and (2) from the judgment of said court entered May 31, 1962 on said order. Appeal dismissed, without costs, as academic. Admittedly, the individual defendant’s alleged illegal acts as Highway Superintendent were subsequently validated under the provisions of section 227 of the County Law, and the claim was satisfied by the defendant town which thus ratified the acts in question. This action, therefore, no longer presents justiciable issues, and the questions raised on this appeal have become moot as between the parties (cf. Tañar ella v. MeClane, 16 A D 2d 982, 983, and eases there cited). In our opinion, the action does not present questions of such importance as to require a determination by this court in the public interest. Ughetta, Acting P. J., Christ, Brennan, Hill and Hopkins, JJ., concur.

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Bluebook (online)

18 A.D.2d 1107, 239 N.Y.S.2d 860, 1963 N.Y. App. Div. LEXIS 3855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/humble-oil-refining-co-v-town-of-goshen-nyappdiv-1963.