Morrison v. City of New York

Appellate Division of the Supreme Court of New York

Morrison v. City of New York

255 A.D. 839, 7 N.Y.S.2d 662, 1938 N.Y. App. Div. LEXIS 5537

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

DecidedNovember 10, 1938

StatusPublished

This text of 255 A.D. 839 (Morrison 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

Morrison v. City of New York, 255 A.D. 839, 7 N.Y.S.2d 662, 1938 N.Y. App. Div. LEXIS 5537 (N.Y. Ct. App. 1938).

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Opinion

Since the complaint asks that the alleged illegal payment be restored to the treasury of the city of New York, we thinly that the city is a proper party if not a necessary one. Order, so far as appealed from, unanimously affirmed, with twenty dollars costs and disbursements, with leave to the defendant-appellant to answer within ten days after service of order upon payment of said costs. Present — Martin, P. J., Townley, Untermyer, Cohn and Callahan, JJ.

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Since the complaint asks that the alleged illegal payment be restored to the treasury of the city of New York, we thinly that the city is a proper party if not a necessary one. Order, so far as appealed from, unanimously affirmed, with twenty dollars costs and disbursements, with leave to the defendant-appellant to answer within ten days after service of order upon payment of said costs. Present — Martin, P. J., Townley, Untermyer, Cohn and Callahan, JJ.

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Bluebook (online)

255 A.D. 839, 7 N.Y.S.2d 662, 1938 N.Y. App. Div. LEXIS 5537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morrison-v-city-of-new-york-nyappdiv-1938.