Feller Bros. v. Irving

Appellate Division of the Supreme Court of New York

Feller Bros. v. Irving

239 A.D. 838

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

DecidedMay 15, 1933

StatusPublished

This text of 239 A.D. 838 (Feller Bros. v. Irving) 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

Feller Bros. v. Irving, 239 A.D. 838 (N.Y. Ct. App. 1933).

Pincite

Opinion

Judgment reversed on the law and the facts, with ten dollars costs and disbursements, and motion for summary judgment denied, with ten dollars costs. In our opinion, the defendant has shown by his affidavit that an issue may be raised by way of counterclaim for the alleged damage resulting from the contamination of the defend[839]*839ant’s well by reason of the location of the defendant’s cesspool, relying upon representations made to him by plaintiff. Lazansky, P. J., Young, Kapper, Scudder and Tompkins, JJ., concur.

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Judgment reversed on the law and the facts, with ten dollars costs and disbursements, and motion for summary judgment denied, with ten dollars costs. In our opinion, the defendant has shown by his affidavit that an issue may be raised by way of counterclaim for the alleged damage resulting from the contamination of the defend[839]*839ant’s well by reason of the location of the defendant’s cesspool, relying upon representations made to him by plaintiff. Lazansky, P. J., Young, Kapper, Scudder and Tompkins, JJ., concur.

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Bluebook (online)

239 A.D. 838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feller-bros-v-irving-nyappdiv-1933.