Appellate Division of the Supreme Court of New York, 1937

Danziger v. Rice

Appellate Division of the Supreme Court of New York · Decided February 11, 1937

249 A.D. 536; 293 N.Y.S. 361; 1937 N.Y. App. Div. LEXIS 9642

Counsel

Abraham J. Rosenblum, for the appellant., Henry J. Shields of counsel [Paxton Blair with him on the brief; Paul Windels, Corporation Counsel], for the respondents.

Opinion of the Court

Per Curiam.

While the defense attacked may not be stricken out for insufficiency, we are of opinion that the good faith of the defendant commissioner with respect to obtaining an appropriation is very much in issue. So, too, the petitioner will be entitled to offer proof as to whether provision for the payment of the salary had been made in the estimates, or otherwise.

The order, so far as appealed from, therefore, should be affirmed, but without costs.

*537Present — Martin. P. J., McAvoy, O’Malley, Untermyer and, Cohn, JJ.

Order, so far as appealed from, unanimously affirmed, without costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.