New York Court of Appeals
Marian S. Honeyman, Appellant v. Herbert G. Hanan, as Executor of Herbert W. Hanan, Deceased, Respondent
July 13, 1937275 N.Y. 382
Summary
The New York Court of Appeals affirmed the dismissal of the plaintiff's action to recover under a 1920 bond, holding that the bond was a collateral obligation subject to sections 1083-a and 1083-b of the Civil Practice Act, that those statutes are constitutional, and that the plaintiff failed to obtain the required leave under section 1078. The court also clarified that the legislature may impose reasonable limitations on recovery actions during an emergency.