Gasparowicz v. Oshinsky

Appellate Terms of the Supreme Court of New York

Gasparowicz v. Oshinsky

146 N.Y.S. 1080

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 14, 1914

StatusPublished

This text of 146 N.Y.S. 1080 (Gasparowicz v. Oshinsky) 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

Gasparowicz v. Oshinsky, 146 N.Y.S. 1080 (N.Y. Ct. App. 1914).

Pincite

Opinion

BIJUR, J.

The record of the case shows so irregular a course of practice, both previous to and at the trial, as alone to require a reversal; but, on what may be called the merits, plaintiff sued for $17 wages, which claim defendant expressly admitted and interposed a counterclaim of $12. In any view of the controversy therefore, plaintiff was entitled to a judgment for $5.

Judgment reversed, and new,trial granted, with costs to appellant to abide the event. All concur. i

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BIJUR, J.

The record of the case shows so irregular a course of practice, both previous to and at the trial, as alone to require a reversal; but, on what may be called the merits, plaintiff sued for $17 wages, which claim defendant expressly admitted and interposed a counterclaim of $12. In any view of the controversy therefore, plaintiff was entitled to a judgment for $5.

Judgment reversed, and new,trial granted, with costs to appellant to abide the event. All concur. i

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Bluebook (online)

146 N.Y.S. 1080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gasparowicz-v-oshinsky-nyappterm-1914.