Blanchart Financial Corp. v. Oak Point Dairies of New Jersey

Appellate Division of the Supreme Court of New York

Blanchart Financial Corp. v. Oak Point Dairies of New Jersey

29 A.D.2d 750, 288 N.Y.S.2d 859, 1968 N.Y. App. Div. LEXIS 4671

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

DecidedFebruary 15, 1968

StatusPublished

This text of 29 A.D.2d 750 (Blanchart Financial Corp. v. Oak Point Dairies of New Jersey) 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

Blanchart Financial Corp. v. Oak Point Dairies of New Jersey, 29 A.D.2d 750, 288 N.Y.S.2d 859, 1968 N.Y. App. Div. LEXIS 4671 (N.Y. Ct. App. 1968).

Pincite

Opinion

Judgment unanimously modified, on the law, to the extent of vacating so much of the first decretal paragraph as dismisses that portion of defendant’s counterclaim by which defendant sought $3,000 damages for “ paper spoilage ”, severing that portion of the counterclaim and directing a new trial thereon; and otherwise the judgment is affirmed, without costs or disbursements to either party. Execution on the judgment will be stayed to the extent of $3,000 plus interest thereon, pending determination of the trial upon the severed portion of the counterclaim ordered herein. The proof adduced on defendant’s claim of $3,000 in damages because of paper spoilage presented a factual issue for resolution by the jury. Hence the trial court erred in dismissing that claim, as a matter of law, without permitting the jury to pass on it. Concur — Stevens, J. P., Eager, Tilzer, McGivern and Bastow, JJ.

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Judgment unanimously modified, on the law, to the extent of vacating so much of the first decretal paragraph as dismisses that portion of defendant’s counterclaim by which defendant sought $3,000 damages for “ paper spoilage ”, severing that portion of the counterclaim and directing a new trial thereon; and otherwise the judgment is affirmed, without costs or disbursements to either party. Execution on the judgment will be stayed to the extent of $3,000 plus interest thereon, pending determination of the trial upon the severed portion of the counterclaim ordered herein. The proof adduced on defendant’s claim of $3,000 in damages because of paper spoilage presented a factual issue for resolution by the jury. Hence the trial court erred in dismissing that claim, as a matter of law, without permitting the jury to pass on it. Concur — Stevens, J. P., Eager, Tilzer, McGivern and Bastow, JJ.

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Bluebook (online)

29 A.D.2d 750, 288 N.Y.S.2d 859, 1968 N.Y. App. Div. LEXIS 4671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blanchart-financial-corp-v-oak-point-dairies-of-new-jersey-nyappdiv-1968.