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Ginsberg v. Borenstein

123 N.Y.S. 809
CourtAppellate Terms of the Supreme Court of New York
DecidedJune 24, 1910
StatusPublished

This text of 123 N.Y.S. 809 (Ginsberg v. Borenstein) 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
Ginsberg v. Borenstein, 123 N.Y.S. 809 (N.Y. Ct. App. 1910).

Opinion

BIJUR, J.

This action was brought to recover money obtained by fraud. Defendants set up a counterclaim for prior commissions earned. Defendants admitted that the money was obtained from plaintiff on the statement that it would be applied to specific purposes, which defendants further admitted they had no intention of carrying out, even at the time of the receipt of the money. The counterclaim was not one which could be interposed under section 151 of the Municipal Court act (Laws 1902, c. 580).

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

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Bluebook (online)
123 N.Y.S. 809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ginsberg-v-borenstein-nyappterm-1910.