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action affirmed agreed agreement alleged amended amount answer appeal application Argued attorney authority bank cause Cent charge claim Code commission Company complaint condition Constitution contract corporation costs counsel County damages defendant defendant's denied Department determination Digests & Indexes directed dismissed Division effect entered entitled evidence execution fact filed follows fund further give given granted ground held intent interest issue judgment jurisdiction jury justice Key-Numbered Digests lease March matter motion Municipal Court N. Y. Supp negligence Note Note.-For notice opinion paid parties payment performance person plaintiff pleadings premises present proceedings question reason received record recover respondent reversed rule Special statute street Supreme Court taken Term thereof tion topic & KEY-NUMBER trial trust witness York City
Side 359 - The court may, upon the trial, or at any other stage of the action, before or after judgment, in furtherance of justice, and on such terms as...
Side 546 - Rule 1. Where there is an unconditional contract for the sale of specific goods, in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both, be postponed.
Side 518 - Bronx in said city, in the office of the register of the city and county of New York.
Side 283 - ... an issue of fact must be tried by a jury, unless a jury trial is waived, or a reference is ordered, as provided in this code.
Side 155 - ... a question of law is involved which ought to be reviewed by the court of appeals, or where, in case of the refusal so to certify, an appeal is allowed by the court of appeals.
Side 521 - Where there is an available market for the goods in question, the measure of damages, in the absence of special circumstances showing proximate damages of a greater amount, is the difference between the contract price and the market or current price of the goods at the time or times when they ought to have been delivered, or, if no time was fixed, then at the time of the refusal to deliver.
Side 753 - Appointments and promotions in the civil service of the State, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive...
Side 521 - ... 2. The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract. 3. Where there is an available market...
Side 122 - ... of this act he may apply, upon notice, to the court, for an order directing all the questions, arising upon those issues, to be distinctly and plainly stated for trial accordingly.
Side 195 - ... notice of such cancellation. If this policy shall be canceled as hereinbefore provided, or become void or cease, the premium having been actually paid, the unearned portion shall be returned on surrender of this policy or last renewal, this company retaining the customary short rate; except that when this policy is canceled by this company by giving notice it shall retain only the pro rata premium.