Funk v. Kaiser-Frazer Sales Corp.

Appellate Division of the Supreme Court of New York

Funk v. Kaiser-Frazer Sales Corp.

15 A.D.2d 548, 222 N.Y.S.2d 711, 1961 N.Y. App. Div. LEXIS 6953

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

DecidedDecember 20, 1961

StatusPublished

This text of 15 A.D.2d 548 (Funk v. Kaiser-Frazer Sales Corp.) 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

Funk v. Kaiser-Frazer Sales Corp., 15 A.D.2d 548, 222 N.Y.S.2d 711, 1961 N.Y. App. Div. LEXIS 6953 (N.Y. Ct. App. 1961).

Pincite

Opinion

Two substantial errors of law require reversal and a new trial: First, the alleged written warranty was admitted into evidence without proper foundation showing a connection between defendant and the paper; second, in its charge the court assumed that this exhibit was binding on the defendant and, in effect, withdrew this question from the jury. Both errors were saved by exception for our consideration. Nolan, P. J., Beldoek, Christ and Pette, JJ., concur; Brennan, J., not voting.

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Two substantial errors of law require reversal and a new trial: First, the alleged written warranty was admitted into evidence without proper foundation showing a connection between defendant and the paper; second, in its charge the court assumed that this exhibit was binding on the defendant and, in effect, withdrew this question from the jury. Both errors were saved by exception for our consideration. Nolan, P. J., Beldoek, Christ and Pette, JJ., concur; Brennan, J., not voting.

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Bluebook (online)

15 A.D.2d 548, 222 N.Y.S.2d 711, 1961 N.Y. App. Div. LEXIS 6953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/funk-v-kaiser-frazer-sales-corp-nyappdiv-1961.