Fuchs v. Fitzer

Appellate Division of the Supreme Court of New York

Fuchs v. Fitzer

125 A.D. 917, 109 N.Y.S. 1024

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

DecidedApril 15, 1908

StatusPublished

This text of 125 A.D. 917 (Fuchs v. Fitzer) 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

Fuchs v. Fitzer, 125 A.D. 917, 109 N.Y.S. 1024 (N.Y. Ct. App. 1908).

Pincite

Opinion

Per Curiam:

The action is brought for damages for assault committed in

defendant’s store in Utica. Defendant specifies eight witnesses, six of them said to have been present, who can testify in his behalf. Their occupations and residences are given and the substance of what they will testify to. Advice of counsel is also properly sworn to. Plaintiff says that none of those witnesses were present. He also says that he has one witness in New York with whom he has conversed and who confirms his version of the assault. He does not swear to the advice of counsel. The motion should have been granted, and the order denying it must be reversed, with ten dollars costs and disbursements, and the motion granted. Present — Ingraham, Laughlin, Clarke, Houghton and Scott, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

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Per Curiam:

The action is brought for damages for assault committed in

defendant’s store in Utica. Defendant specifies eight witnesses, six of them said to have been present, who can testify in his behalf. Their occupations and residences are given and the substance of what they will testify to. Advice of counsel is also properly sworn to. Plaintiff says that none of those witnesses were present. He also says that he has one witness in New York with whom he has conversed and who confirms his version of the assault. He does not swear to the advice of counsel. The motion should have been granted, and the order denying it must be reversed, with ten dollars costs and disbursements, and the motion granted. Present — Ingraham, Laughlin, Clarke, Houghton and Scott, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

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Bluebook (online)

125 A.D. 917, 109 N.Y.S. 1024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fuchs-v-fitzer-nyappdiv-1908.