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10 N.Y.L. Jist 1 (1945-1946)

handle is hein.journals/newrojis10 and id is 1 raw text is: Nrm ork ilaw hint SEMI-ANNUAL INDEX & CROSS REFERENCE VOLUME 10 Abatement of Actions - Alimony & Counsel Fee ABATEMENT OF ACTIONS death before entry of final divorce: 75 a ABUSE OF PROCESS basis of action: 257 a ACCORD & SATISFACTION taking check indorsed payment in full: 11 pleading acceptance of payment: 47 promise to pay as satisfaction: 57 third party's payment of lesser sum-attorney's author- ity to accept: 121 dispute essential; compromising Marshal's fee: 133 retaining check marked in full payment: 145 ACCOUNTING, ACTION FOR accounting furnished plaintiff before suit: 11 against surviving partner: 53 between copyright co-owners: 91 vs. husband co-owner-property held for both: 109 surplus conclusory allegations not fatal: 145 defenses commingling authorized; Geneva forum: void gift between plaintiffs; no trust, alien license; laches: 245 identification of beneficiary as prerequisite: 245 ACCOUNT STATED impeached only for fraud, mistake or inequities: 109 family relationship negating assent: 269 ACKNOWLEDGMENTS personal acquaintance with notary: 23 ACTIONS AGAINST PUBLIC BODY realty gift on rescinded marriage promise: 37 agreement to retum engagement gifts: 109 promise to pay fiancee weekly until married: 189 action for return of engagement ring: 213 ADDRESS, DISCLOSURE OF ordered after final divorce: 58 by attorney for alimony delinquent under decree: 225 ADMISSIONS that action instituted; laches in amending: 11 propriety of notice not tested at Special Term: 37 undenied paper as admission for judgment on motion: 12i failure to serve as demanded under CPA 322: 177 motion to vacate notice to admit: 245 ADOPTIdN dopted child not a descendant within trust re- mainder provision: 33 abrogation on petition of foster parent: 47 doption order limited to one parent: 121 AFFIDAVIT wrong county stated: 47 out of state verification-notarial certificate: 201 AGENCY continuance after agent's wrongful discharge: 11 agent's testimony to prove agency: 65 gratuitous agent's liability to principal: 73 agent's contract beyond authority-liability: 73 trucking common carrier as shipper's agent: 73 agent's representations inconsistent with Statute c Frauds: 99 agent's liability to third parties: 145 ALCOHOLIC BEVERAGE CONTROL license-local board's approval not followed: 1 uniform discount rule void: 1 retail store not on main thoroughfare: 109 license suspension for guest's violation: 153 proximity to Salvation Army-Main and New Main Streets: 177 Livonia Avenue a main thoroughfare-license proper: 177 ABCL 105 (2)-main thorofare construed: 189 Strauss St. nr. Pitkin Av. a main thorofare: 189 store not in business center on main thorofare: 201 ABCL 105- main thoroughfare- Authority's non- capricious determination conclusive: 213 ABCL 105 construed - business center on mair thoroughfare: 213 tavern operated Jan. 1-renewal withheld 5 days' 225 defendant has burden of proving license: 233 main thoroughfare relatively in SLA judgment: 233 business center, main thoroughfare-SLA views sustained; 1500 foot rule construed: 257 1500 ft rule-not same street nominally: 269 ALIENS blocking order no defense: 11 tax lien foreclosure vs. enemy alien-forum: 37 e escheat-will executed before hostilities: 110 ALIMONY & COUNSEL FEE increase-denied where case long untried: 1 jurisdiction-service out of state: 1 Abatement of Actions - Alimony & Counsel Fee