Josephson v. Schwartz
This text of 225 A.D. 675 (Josephson v. Schwartz) 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.
Opinion
Judgment modified by providing therein that it is without prejudice, and as so modified unanimously affirmed, with costs. Assuming, without deciding, that plaintiff was entitled to recover nominal damages in any event, the rule is settled that appellate courts do not reverse judgments to enable the recovery of merely nominal damages. (Shapiro v. Benenson, 181 App. Div. 19, 27; National Cash Register Co. v. Schmidt, 48 id. 472, 474; Mosler Safe Co. v. Brenner, 100 Misc. 107; McConihe v. New York & Erie R. R. Co., 20 N. Y. 495, 498.) Present — Lazansky, P. J., Rich, Kapper, Hagarty and Carswell, JJ.
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225 A.D. 675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/josephson-v-schwartz-nyappdiv-1928.