Funk v. Modo Lora Realty, Inc.

Appellate Terms of the Supreme Court of New York

Funk v. Modo Lora Realty, Inc.

145 Misc. 805, 260 N.Y.S. 844, 1932 N.Y. Misc. LEXIS 1653

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 8, 1932

StatusPublished

This text of 145 Misc. 805 (Funk v. Modo Lora Realty, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court 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. Modo Lora Realty, Inc., 145 Misc. 805, 260 N.Y.S. 844, 1932 N.Y. Misc. LEXIS 1653 (N.Y. Ct. App. 1932).

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Opinion

Per Curiam.

It was error for the lower court to set aside the verdict of the jury and order a new trial, since the books and records of plaintiff’s agent made in the regular course of business were admissible under section 374-a of the Civil Practice Act. The very purpose of the statute was to “ afford a more workable rule of evidence in the proof of business transactions under existing business conditions.” (Johnson v. Lutz, 253 N. Y. 124.) We must construe the statute so that it will accomplish the very purpose for which it was enacted.

Order reversed, with costs, and verdict reinstated.

All concur; present, Lydon, Levy and Frankenthaler, JJ.

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Per Curiam.

It was error for the lower court to set aside the verdict of the jury and order a new trial, since the books and records of plaintiff’s agent made in the regular course of business were admissible under section 374-a of the Civil Practice Act. The very purpose of the statute was to “ afford a more workable rule of evidence in the proof of business transactions under existing business conditions.” (Johnson v. Lutz, 253 N. Y. 124.) We must construe the statute so that it will accomplish the very purpose for which it was enacted.

Order reversed, with costs, and verdict reinstated.

All concur; present, Lydon, Levy and Frankenthaler, JJ.

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Bluebook (online)

145 Misc. 805, 260 N.Y.S. 844, 1932 N.Y. Misc. LEXIS 1653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/funk-v-modo-lora-realty-inc-nyappterm-1932.

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