Friedman v. Yamner

Appellate Terms of the Supreme Court of New York

Friedman v. Yamner

97 N.Y.S. 357

Appellate Terms of the Supreme Court of New York·Decided January 17, 1906·Published

Opinion

SCOTT, P. J.

I can find no evidence that a lease was made for a year. - The evidence of the witness Harry Friedman, where he gives in detail the conversation with defendant, shows a monthly letting. This cannot be changed to a lease for a year by the witness’ conclusion in another part of his testimony that the defendant took a verbal lease for a year. This is merely the construction he puts on the conversation, which he detailed previously, and which shows a monthly letting.

The complaint should have been dismissed, and the judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.

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SCOTT, P. J.

I can find no evidence that a lease was made for a year. - The evidence of the witness Harry Friedman, where he gives in detail the conversation with defendant, shows a monthly letting. This cannot be changed to a lease for a year by the witness’ conclusion in another part of his testimony that the defendant took a verbal lease for a year. This is merely the construction he puts on the conversation, which he detailed previously, and which shows a monthly letting.

The complaint should have been dismissed, and the judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.

Friedman v. Yamner, 97 N.Y.S. 357 (N.Y. Ct. App. 1906).

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