Hoffman v. Hoffman

Appellate Division of the Supreme Court of New York

Hoffman v. Hoffman

266 A.D. 724, 40 N.Y.S.2d 871

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

DecidedApril 22, 1943

StatusPublished

Cited by3 cases

This text of 266 A.D. 724 (Hoffman v. Hoffman) 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

Hoffman v. Hoffman, 266 A.D. 724, 40 N.Y.S.2d 871 (N.Y. Ct. App. 1943).

Pincite

Opinion

Per Curiam.

The defendant failed to demand judgment for the return of the chattels in accordance with sections 1119 and 1124 of the Civil Practice Act. Under these circumstances the court could do no more than direct judgment dismissing the complaint with statutory costs to the defendant. (Levy v. Hohweisner, 101 App. Div. 82.)

The judgment and order should be modified accordingly, and as so modified affirmed, without costs.

Present—Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.

Judgment and order unanimously modified in accordance with opinion, and as so modified affirmed, without costs. Settle order on notice.

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