Benjamin v. Potruch

Appellate Division of the Supreme Court of New York

Benjamin v. Potruch

233 A.D. 761, 250 N.Y.S. 808

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 1931

StatusPublished

This text of 233 A.D. 761 (Benjamin v. Potruch) 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

Benjamin v. Potruch, 233 A.D. 761, 250 N.Y.S. 808 (N.Y. Ct. App. 1931).

Pincite

Opinion

Judgment reversed upon the law and the facts and new trial granted, with costs to the appellant to abide the event. Findings of fact 2, 3, 4, 5, 7, 8, 10, 11, 12, 13 and 14 are reversed as well as conclusions of law 1, 2 and 3. In our opinion, the plaintiff made out a prima fade case, and the court erred in dismissing the complaint at the end of plaintiff’s case. Lazansky, P. J., Young, Kapper, Seudder and Davis, JJ., concur.

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Judgment reversed upon the law and the facts and new trial granted, with costs to the appellant to abide the event. Findings of fact 2, 3, 4, 5, 7, 8, 10, 11, 12, 13 and 14 are reversed as well as conclusions of law 1, 2 and 3. In our opinion, the plaintiff made out a prima fade case, and the court erred in dismissing the complaint at the end of plaintiff’s case. Lazansky, P. J., Young, Kapper, Seudder and Davis, JJ., concur.

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Bluebook (online)

233 A.D. 761, 250 N.Y.S. 808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benjamin-v-potruch-nyappdiv-1931.