soundness principle in New York

1978This State has always held to the principle that no cause of action accrues to the successful defendant (see Burt v. Smith, 181 N. Y. 1, 5 ; Sachs v. Weinstein, 208 App. Div. 360 ; Paul v. Fargo, 84 App. Div. 9 ) * * * Our public policy is very strong in allowing access to the courts to all parties.

1966This State has always held to the principle that no cause of action accrues to the successful defendant (see Burt v. Smith, 181 N. Y. 1, 5 ; Sachs v. Weinstein, 208 App. Div. 360 ; Paul v. Fargo, 84 App. Div. 9 ).

1978This State has always held to the principle that no cause of action accrues to the successful defendant (see Burt v. Smith, 181 N. Y. 1, 5 ; Sachs v. Weinstein, 208 App. Div. 360 ; Paul v. Fargo, 84 App. Div. 9 ) * * * Our public policy is very strong in allowing access to the courts to all parties.

1966This State has always held to the principle that no cause of action accrues to the successful defendant (see Burt v. Smith, 181 N. Y. 1, 5 ; Sachs v. Weinstein, 208 App. Div. 360 ; Paul v. Fargo, 84 App. Div. 9 ).

1978This State has always held to the principle that no cause of action accrues to the successful defendant (see Burt v. Smith, 181 N. Y. 1, 5 ; Sachs v. Weinstein, 208 App. Div. 360 ; Paul v. Fargo, 84 App. Div. 9 ) * * * Our public policy is very strong in allowing access to the courts to all parties.

1966This State has always held to the principle that no cause of action accrues to the successful defendant (see Burt v. Smith, 181 N. Y. 1, 5 ; Sachs v. Weinstein, 208 App. Div. 360 ; Paul v. Fargo, 84 App. Div. 9 ).

1862(Palmer v. Lawrence, 3 Sandf., 170 ; Steam Navigation Company v. Weed, 17 Barb., 382 .) It was questioned in Welland Canal Company v. Hathaway ( 8 Wend., 480 ), but that case did not present the point between a corporation and one of its own stockholders.

1862Judge THOMPSON, in Dutchess Cotton Factory v. Davis ( 14 Johns., 245 ), said of a defendant sued like the defendant in this action, upon an installment due upon his subscription to the stock of the company: "The defendant having undertaken to enter into a contract with the plaintiffs, in their corporate name, he thereby admits them to be duly constituted a body politic and corporate, under such name." The soundness of this rule of evidence has been asserted in numerous cases. ( Palmer v. Lawrence, 3 Sandf., 170 ; Steam Navigation Company v. Weed, 17 Barb., 382 .) It was questioned in Welland C

2004Co.], 97 NY2d at 496 n 3.) Thus, the Brandon decision is the clearest signal yet of the Court’s acknowledgment of the soundness of the principle followed by the majority of other states, namely, that the egregious imbalance between insurer and insured needs to be corrected.

1993(McCluskey v National Life Assn., 77 Hun 556 [3d Dept], affd without opn 149 NY 616 [1896], supra; Primeau v National Life Assn., 77 Hun 418 [4th Dept], affd without opn 144 NY 716 [1895].) The fact that these cases appear to have not been cited recently does not militate against the soundness of the rule of law enunciated with approval by the Court of Appeals.

1993(McCluskey v National Life Assn., 77 Hun 556 [3d Dept], affd without opn 149 NY 616 [1896], supra; Primeau v National Life Assn., 77 Hun 418 [4th Dept], affd without opn 144 NY 716 [1895].) The fact that these cases appear to have not been cited recently does not militate against the soundness of the rule of law enunciated with approval by the Court of Appeals.

1993(McCluskey v National Life Assn., 77 Hun 556 [3d Dept], affd without opn 149 NY 616 [1896], supra; Primeau v National Life Assn., 77 Hun 418 [4th Dept], affd without opn 144 NY 716 [1895].) The fact that these cases appear to have not been cited recently does not militate against the soundness of the rule of law enunciated with approval by the Court of Appeals.

1993(McCluskey v National Life Assn., 77 Hun 556 [3d Dept], affd without opn 149 NY 616 [1896], supra; Primeau v National Life Assn., 77 Hun 418 [4th Dept], affd without opn 144 NY 716 [1895].) The fact that these cases appear to have not been cited recently does not militate against the soundness of the rule of law enunciated with approval by the Court of Appeals.

1987That statement, in its entirety is as follows: "Although appeals from orders awarding temporary maintenance and child support are not to be encouraged and a speedy trial is the preferred remedy for resolving such issues (Goldman v Goldman, 45 AD2d 719 ; Singh v Singh, 41 AD2d 914 ), the rule is not ironclad when the award is deficient (Brokaw v Brokaw, 57 AD2d 519 ).” (Supra, at 1016-1017 [emphasis supplied]; see also, Byer, A Guide to Civil Motions in New York State Courts § 614 [9a], at 162 [1987 Supp], and cases therein cited.) The underlying soundness of the principle which prefers a promp

1987That statement, in its entirety is as follows: "Although appeals from orders awarding temporary maintenance and child support are not to be encouraged and a speedy trial is the preferred remedy for resolving such issues (Goldman v Goldman, 45 AD2d 719 ; Singh v Singh, 41 AD2d 914 ), the rule is not ironclad when the award is deficient (Brokaw v Brokaw, 57 AD2d 519 ).” (Supra, at 1016-1017 [emphasis supplied]; see also, Byer, A Guide to Civil Motions in New York State Courts § 614 [9a], at 162 [1987 Supp], and cases therein cited.) The underlying soundness of the principle which prefers a promp

1987That statement, in its entirety is as follows: "Although appeals from orders awarding temporary maintenance and child support are not to be encouraged and a speedy trial is the preferred remedy for resolving such issues (Goldman v Goldman, 45 AD2d 719 ; Singh v Singh, 41 AD2d 914 ), the rule is not ironclad when the award is deficient (Brokaw v Brokaw, 57 AD2d 519 ).” (Supra, at 1016-1017 [emphasis supplied]; see also, Byer, A Guide to Civil Motions in New York State Courts § 614 [9a], at 162 [1987 Supp], and cases therein cited.) The underlying soundness of the principle which prefers a promp

1987That statement, in its entirety is as follows: "Although appeals from orders awarding temporary maintenance and child support are not to be encouraged and a speedy trial is the preferred remedy for resolving such issues (Goldman v Goldman, 45 AD2d 719 ; Singh v Singh, 41 AD2d 914 ), the rule is not ironclad when the award is deficient (Brokaw v Brokaw, 57 AD2d 519 ).” (Supra, at 1016-1017 [emphasis supplied]; see also, Byer, A Guide to Civil Motions in New York State Courts § 614 [9a], at 162 [1987 Supp], and cases therein cited.) The underlying soundness of the principle which prefers a promp

1987That statement, in its entirety is as follows: "Although appeals from orders awarding temporary maintenance and child support are not to be encouraged and a speedy trial is the preferred remedy for resolving such issues (Goldman v Goldman, 45 AD2d 719 ; Singh v Singh, 41 AD2d 914 ), the rule is not ironclad when the award is deficient (Brokaw v Brokaw, 57 AD2d 519 ).” (Supra, at 1016-1017 [emphasis supplied]; see also, Byer, A Guide to Civil Motions in New York State Courts § 614 [9a], at 162 [1987 Supp], and cases therein cited.) The underlying soundness of the principle which prefers a promp

1987That statement, in its entirety is as follows: "Although appeals from orders awarding temporary maintenance and child support are not to be encouraged and a speedy trial is the preferred remedy for resolving such issues (Goldman v Goldman, 45 AD2d 719 ; Singh v Singh, 41 AD2d 914 ), the rule is not ironclad when the award is deficient (Brokaw v Brokaw, 57 AD2d 519 ).” (Supra, at 1016-1017 [emphasis supplied]; see also, Byer, A Guide to Civil Motions in New York State Courts § 614 [9a], at 162 [1987 Supp], and cases therein cited.) The underlying soundness of the principle which prefers a promp

1987That statement, in its entirety is as follows: "Although appeals from orders awarding temporary maintenance and child support are not to be encouraged and a speedy trial is the preferred remedy for resolving such issues (Goldman v Goldman, 45 AD2d 719 ; Singh v Singh, 41 AD2d 914 ), the rule is not ironclad when the award is deficient (Brokaw v Brokaw, 57 AD2d 519 ).” (Supra, at 1016-1017 [emphasis supplied]; see also, Byer, A Guide to Civil Motions in New York State Courts § 614 [9a], at 162 [1987 Supp], and cases therein cited.) The underlying soundness of the principle which prefers a promp

1987That statement, in its entirety is as follows: "Although appeals from orders awarding temporary maintenance and child support are not to be encouraged and a speedy trial is the preferred remedy for resolving such issues (Goldman v Goldman, 45 AD2d 719 ; Singh v Singh, 41 AD2d 914 ), the rule is not ironclad when the award is deficient (Brokaw v Brokaw, 57 AD2d 519 ).” (Supra, at 1016-1017 [emphasis supplied]; see also, Byer, A Guide to Civil Motions in New York State Courts § 614 [9a], at 162 [1987 Supp], and cases therein cited.) The underlying soundness of the principle which prefers a promp

1985We need not pass upon the soundness of the rule announced in Haberman v Wager ( 73 Misc 2d 732 ) and its progeny, which holds that a 30-day notice is required by Real Property Law § 232-a for each summary proceeding, because, in any event, those cases are inapposite since the instant action seeks the common-law remedy of ejectment and is not a statutory summary eviction proceeding.

1984Earlier in Security Trust Co. v City of Lexington ( 203 US 323, 333 ) the Supreme Court of the United States said in reference to an assessment for bank taxes: “If the statute did not provide for a notice in any form, it is not material that as a matter of grace or favor notice may have been given of the proposed assessment.

1984The law must require notice to them, and give them the right to a hearing and an opportunity to be heard.” (Italics added.) The soundness of this doctrine was applauded by the "Supreme Court of the United States in Coe v Armour Fertilizer Works ( 237 US 413, 425 ).

1978Perhaps more expositive of public policy is the reasoned dissent of Justice Steuer in Chappelle v Gross ( 26 AD2d 340, 345 ) to wit: "There is a lack of uniformity in the common-law jurisdictions as to whether an action will lie for the bringing of a civil suit improperly motivated or without belief of the person suing in the soundness of his claim (Prosser, Torts [3d ed.], § 114, p. 870).

1977The issue, quite similar to that posed in People v Hobson ( 39 NY2d 479, 487 , supra) is whether stare decisis should be accorded to the odd case, heavily criticized and unanimously rejected, or the stable line of development never criticized and never rejected.

1965This court is of the opinion that the soundness of the principle of law enunciated in the cases of Owen v. Ogilvie (supra) and Wells v. Belstrat (supra), was questioned by the Court of Appeals in the later cases of Kennedy v. James Butler, Inc. ( 245 N. Y. 204 [May, 1927]) and Ostrowe v. Lee ( 256 N. Y. 36 [March, 1931]).

1965This court is of the opinion that the soundness of the principle of law enunciated in the cases of Owen v. Ogilvie (supra) and Wells v. Belstrat (supra), was questioned by the Court of Appeals in the later cases of Kennedy v. James Butler, Inc. ( 245 N. Y. 204 [May, 1927]) and Ostrowe v. Lee ( 256 N. Y. 36 [March, 1931]).

1965This court is of the opinion that the soundness of the principle of law enunciated in the cases of Owen v. Ogilvie (supra) and Wells v. Belstrat (supra), was questioned by the Court of Appeals in the later cases of Kennedy v. James Butler, Inc. ( 245 N. Y. 204 [May, 1927]) and Ostrowe v. Lee ( 256 N. Y. 36 [March, 1931]).

1965This court is of the opinion that the soundness of the principle of law enunciated in the cases of Owen v. Ogilvie (supra) and Wells v. Belstrat (supra), was questioned by the Court of Appeals in the later cases of Kennedy v. James Butler, Inc. ( 245 N. Y. 204 [May, 1927]) and Ostrowe v. Lee ( 256 N. Y. 36 [March, 1931]).

1963Co., 9 Utah 2d 195 ; Scarinzi v. Farkas, 80 Ohio App. 409 ; Squire v. Industrial Comm., 70 N. E. 2d 95, 101 [Ohio]; see, also, 2 Wigmore, Evidence [3d ed.], § 562; 2 Jones, Evidence [5th ed.], § 437, p. 832; McCormick, Evidence, § 267, p. 565; Richardson, Evidence [8th ed.], § 390, p. 369.) The soundness of the rule is evident.

1963Co., 9 Utah 2d 195 ; Scarinzi v. Farkas, 80 Ohio App. 409 ; Squire v. Industrial Comm., 70 N. E. 2d 95, 101 [Ohio]; see, also, 2 Wigmore, Evidence [3d ed.], § 562; 2 Jones, Evidence [5th ed.], § 437, p. 832; McCormick, Evidence, § 267, p. 565; Richardson, Evidence [8th ed.], § 390, p. 369.) The soundness of the rule is evident.