Cavanagh v. O. M. L. Realty Corp.

Appellate Division of the Supreme Court of New York

Cavanagh v. O. M. L. Realty Corp.

232 A.D. 763

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

DecidedFebruary 15, 1931

StatusPublished

This text of 232 A.D. 763 (Cavanagh v. O. M. L. Realty Corp.) 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

Cavanagh v. O. M. L. Realty Corp., 232 A.D. 763 (N.Y. Ct. App. 1931).

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Opinion

Judgment reversed upon the law and the facts, and a new trial granted, costs to appellant to abide the event. Finding of fact XXIII is without evidence to support it. There is no evidence to support finding of fact XXIV as to the assent of O. M. L. Realty Corporation, Inc. Such findings are reversed. A proper determination herein cannot be had without proof of the relationship of the goods to the realty. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.

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Judgment reversed upon the law and the facts, and a new trial granted, costs to appellant to abide the event. Finding of fact XXIII is without evidence to support it. There is no evidence to support finding of fact XXIV as to the assent of O. M. L. Realty Corporation, Inc. Such findings are reversed. A proper determination herein cannot be had without proof of the relationship of the goods to the realty. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.

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Bluebook (online)

232 A.D. 763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cavanagh-v-o-m-l-realty-corp-nyappdiv-1931.