Downing v. Wortman

Appellate Division of the Supreme Court of New York

Downing v. Wortman

271 A.D.2d 1047

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

DecidedMarch 5, 1947

StatusPublished

This text of 271 A.D.2d 1047 (Downing v. Wortman) 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

Downing v. Wortman, 271 A.D.2d 1047 (N.Y. Ct. App. 1947).

Pincite

Opinion

Judgment reversed [1048]*1048on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: Proposed Exhibit No. 5 was erroneously excluded. On this record the finding of fact that the plaintiff was the owner of the premises was against the weight of evidence. All concur, except MeCurn, J., not voting. (The judgment is for plaintiff in an accounting action.) Present — • Taylor, P. J., Harris, MeCurn, Larkin and Love, JJ.

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Judgment reversed [1048]*1048on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: Proposed Exhibit No. 5 was erroneously excluded. On this record the finding of fact that the plaintiff was the owner of the premises was against the weight of evidence. All concur, except MeCurn, J., not voting. (The judgment is for plaintiff in an accounting action.) Present — • Taylor, P. J., Harris, MeCurn, Larkin and Love, JJ.

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Bluebook (online)

271 A.D.2d 1047, Counsel Stack Legal Research, https://law.counselstack.com/opinion/downing-v-wortman-nyappdiv-1947.