Maas v. Dermody

Appellate Division of the Supreme Court of New York

Maas v. Dermody

257 A.D. 898, 12 N.Y.S.2d 408, 1939 N.Y. App. Div. LEXIS 8322

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

DecidedMay 25, 1939

StatusPublished

Cited by1 cases

This text of 257 A.D. 898 (Maas v. Dermody) 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

Maas v. Dermody, 257 A.D. 898, 12 N.Y.S.2d 408, 1939 N.Y. App. Div. LEXIS 8322 (N.Y. Ct. App. 1939).

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Opinion

Such rights as plaintiffs have to the moneys for which this judgment bas been obtained against defendant as supervisor of the town of Cocheeton arise under section 185 of the Town Law. The proper remedy was not a common-law action but a proceeding under article 78 of the Civil Practice Act, which possibly should have been preceded by audit of the claim by the town board. (Matter of DeAngelis v. Laino, 260 N. Y. 661; Matter of Hart v. Perkins, 258 id. 61; People ex rel. McCabe v. Matthies, 179 id. 242; Matter of Hiscox v. Holmes, 237 App. Div. 240; Fabric Fire Hose Co. v. Town of Whitestown, 187 id. 118; Matter of Attorney-General v. Taubenheimer, 178 id. 321.) Judgment reversed, on the law and facts, with costs, and complaint dismissed, with costs. All concur, except Bliss, J., who dissents.

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Such rights as plaintiffs have to the moneys for which this judgment bas been obtained against defendant as supervisor of the town of Cocheeton arise under section 185 of the Town Law. The proper remedy was not a common-law action but a proceeding under article 78 of the Civil Practice Act, which possibly should have been preceded by audit of the claim by the town board. (Matter of DeAngelis v. Laino, 260 N. Y. 661; Matter of Hart v. Perkins, 258 id. 61; People ex rel. McCabe v. Matthies, 179 id. 242; Matter of Hiscox v. Holmes, 237 App. Div. 240; Fabric Fire Hose Co. v. Town of Whitestown, 187 id. 118; Matter of Attorney-General v. Taubenheimer, 178 id. 321.) Judgment reversed, on the law and facts, with costs, and complaint dismissed, with costs. All concur, except Bliss, J., who dissents.

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Bluebook (online)

257 A.D. 898, 12 N.Y.S.2d 408, 1939 N.Y. App. Div. LEXIS 8322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maas-v-dermody-nyappdiv-1939.

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