Halloran v. N. & C. Contracting Co.

Appellate Division of the Supreme Court of New York

Halloran v. N. & C. Contracting Co.

223 A.D. 723

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

DecidedFebruary 15, 1928

StatusPublished

This text of 223 A.D. 723 (Halloran v. N. & C. Contracting Co.) 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

Halloran v. N. & C. Contracting Co., 223 A.D. 723 (N.Y. Ct. App. 1928).

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Opinion

The decision of this court, handed down on February 1, 1928, is hereby amended so as to read as follows: Upon reargument, order granting defendant’s motion to set aside the verdict and grant a new trial affirmed, with costs. We are of opinion that under section 861 of the Penal Law, the oral contract set forth in the complaint is void. Rich, Young and Kapper, JJ., concur; Hagarty, J., not voting; Lazansky, P. J., concurs in result, holding to his views expressed in the former decision, although of opinion that the section of the Penal Law in question is unconstitutional.

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The decision of this court, handed down on February 1, 1928, is hereby amended so as to read as follows: Upon reargument, order granting defendant’s motion to set aside the verdict and grant a new trial affirmed, with costs. We are of opinion that under section 861 of the Penal Law, the oral contract set forth in the complaint is void. Rich, Young and Kapper, JJ., concur; Hagarty, J., not voting; Lazansky, P. J., concurs in result, holding to his views expressed in the former decision, although of opinion that the section of the Penal Law in question is unconstitutional.

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Bluebook (online)

223 A.D. 723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halloran-v-n-c-contracting-co-nyappdiv-1928.