Carpentieri v. Schoen

Appellate Division of the Supreme Court of New York

Carpentieri v. Schoen

58 A.D.2d 800

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

DecidedJuly 28, 1977

StatusPublished

This text of 58 A.D.2d 800 (Carpentieri v. Schoen) 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

Carpentieri v. Schoen, 58 A.D.2d 800 (N.Y. Ct. App. 1977).

Pincite

Opinion

In an action to recover moneys due on loans, defendant appeals from a judgment of the Supreme Court, Westchester County, entered November 16, [801]*8011976, after a nonjury trial, which is in favor of plaintiff and against defendant. Judgment reversed, on the facts, and new trial granted, with costs to abide the event. While we find that the proof was sufficient to establish that there was a loan or loans, the proof was insufficient to establish the amount thereof. Under the circumstances, there should be a new trial. Latham, J. P., Shapiro, Hawkins and Suozzi, JJ., concur.

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In an action to recover moneys due on loans, defendant appeals from a judgment of the Supreme Court, Westchester County, entered November 16, [801]*8011976, after a nonjury trial, which is in favor of plaintiff and against defendant. Judgment reversed, on the facts, and new trial granted, with costs to abide the event. While we find that the proof was sufficient to establish that there was a loan or loans, the proof was insufficient to establish the amount thereof. Under the circumstances, there should be a new trial. Latham, J. P., Shapiro, Hawkins and Suozzi, JJ., concur.

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Bluebook (online)

58 A.D.2d 800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carpentieri-v-schoen-nyappdiv-1977.