James F. Walsh Paper Corp. v. Crystalcote, Inc.

Appellate Division of the Supreme Court of New York

James F. Walsh Paper Corp. v. Crystalcote, Inc.

264 A.D. 752, 34 N.Y.S.2d 645

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

DecidedMay 8, 1942

StatusPublished

This text of 264 A.D. 752 (James F. Walsh Paper Corp. v. Crystalcote, Inc.) 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

James F. Walsh Paper Corp. v. Crystalcote, Inc., 264 A.D. 752, 34 N.Y.S.2d 645 (N.Y. Ct. App. 1942).

Pincite

Opinion

Per Curiam.

While the plaintiff’s proof did not support its entire claim and the testimony was not without contradiction, we find that, applying the rule which requires the most favorable inferences to be drawn in its favor, plaintiff prima facie at least, established the right to part of the relief sought. Under the circumstances, it was error to dismiss the complaint.

The judgment should he reversed and a new trial ordered, with costs to the appellant to abide the event.

Present — Martin, P. J., Townley, Glennon, Cohn and Callahan, JJ.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

While the plaintiff’s proof did not support its entire claim and the testimony was not without contradiction, we find that, applying the rule which requires the most favorable inferences to be drawn in its favor, plaintiff prima facie at least, established the right to part of the relief sought. Under the circumstances, it was error to dismiss the complaint.

The judgment should he reversed and a new trial ordered, with costs to the appellant to abide the event.

Present — Martin, P. J., Townley, Glennon, Cohn and Callahan, JJ.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.

Cite This Page — Counsel Stack

Bluebook (online)

264 A.D. 752, 34 N.Y.S.2d 645, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-f-walsh-paper-corp-v-crystalcote-inc-nyappdiv-1942.