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Arwin Sportswear Co. v. Salerno

273 A.D. 882, 77 N.Y.S.2d 436, 1948 N.Y. App. Div. LEXIS 5114
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 15, 1948
StatusPublished
Cited by2 cases

This text of 273 A.D. 882 (Arwin Sportswear Co. v. Salerno) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arwin Sportswear Co. v. Salerno, 273 A.D. 882, 77 N.Y.S.2d 436, 1948 N.Y. App. Div. LEXIS 5114 (N.Y. Ct. App. 1948).

Opinion

Per Curiam.

Sections 1120 and 1124 of the Civil" Practice Act were not complied with insofar as the second cause of action is concerned. These provisions are mandatory (Kram v. Manufacturers Trust Co., 238 App. Div. 680). Moreover, there is not a sufficient basis in the record to support the damages awarded in either cause of action. The judgment should be reversed and a new trial ordered on all issues, with costs to the appellant to abide the event.

Cohn, Callahan, Van Voorhis and Shientag, JJ., concur; Dore, J. P., concurs in result.

Judgment unanimously reversed and a new trial ordered on all issues, with costs to the appellant to abide the event. Settle order on notice.

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Related

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77 Misc. 2d 708 (Civil Court of the City of New York, 1974)
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2 Misc. 2d 400 (Appellate Terms of the Supreme Court of New York, 1956)

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Bluebook (online)
273 A.D. 882, 77 N.Y.S.2d 436, 1948 N.Y. App. Div. LEXIS 5114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arwin-sportswear-co-v-salerno-nyappdiv-1948.