Ciccolini v. Vocafilm Corp. of America

New York Court of Appeals

Ciccolini v. Vocafilm Corp. of America

171 N.E. 794, 253 N.Y. 588, 1930 N.Y. LEXIS 958

CourtNew York Court of Appeals

DecidedMay 6, 1930

StatusPublished

Cited by2 cases

This text of 171 N.E. 794 (Ciccolini v. Vocafilm Corp. of America) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ciccolini v. Vocafilm Corp. of America, 171 N.E. 794, 253 N.Y. 588, 1930 N.Y. LEXIS 958 (N.Y. 1930).

Pincite

Opinion

Per Curiam.

The Appellate Division had authority to reverse the judgment as a matter of discretion. It did not exercise that power, however, but reversed as a matter of law. No error of law was involved. We are, therefore, compelled to reverse. The order of the Appellate Division should be reversed and the judgment of the Trial Term affirmed, with costs in this court and in the Appellate Division.

Cardozo, Ch. J. Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ., concur.

Ordered accordingly.

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Per Curiam.

The Appellate Division had authority to reverse the judgment as a matter of discretion. It did not exercise that power, however, but reversed as a matter of law. No error of law was involved. We are, therefore, compelled to reverse. The order of the Appellate Division should be reversed and the judgment of the Trial Term affirmed, with costs in this court and in the Appellate Division.

Cardozo, Ch. J. Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ., concur.

Ordered accordingly.

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Bluebook (online)

171 N.E. 794, 253 N.Y. 588, 1930 N.Y. LEXIS 958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ciccolini-v-vocafilm-corp-of-america-ny-1930.

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