Metropolitan Milk and Cream Company v. City of New York
Metropolitan Milk and Cream Company, Appellant, v. the City of New York Et Al., Respondents
Metro. Milk & Cream Co. v. City of N.Y., 78 N.E. 1108 (N.Y. 1906)
Summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered. June 25, 1906, which affirmed an interlocutory judgment of Special Term overruling a demurrer to an x affirmative defense.
The following questions were certified: “ Is the separate defense contained in the answer of the defendant The City of New York, and numbered VIII, insufficient in law upon the face thereof ?
“ Is the- separate defense contained in the answer of the defendant The Department of Health of the City of New York, and numbered VIII, insufficient in law upon the face thereof ? ”
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Order affirmed, with costs ; questions certified answered in the negative ; no opinion.
Concur ; Ouli.en, Oh. J., Edward T. Bartlett, Haight, Vann, Werner, Willard Bartlett and Chase, JJ.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 3 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.