Leewood Hills, Inc. v. New Rochelle Water Co.

Appellate Division of the Supreme Court of New York

Leewood Hills, Inc. v. New Rochelle Water Co.

255 A.D. 883, 7 N.Y.S.2d 823, 1938 N.Y. App. Div. LEXIS 5752

Appellate Division of the Supreme Court of the State of New York·Decided November 28, 1938·Published·Cited by 2 cases

Opinion

Judgment for plaintiff in an action to rescind a contract and to recover the balance of a deposit, and order denying defendant’s motion to reopen the case, reversed on the law and a new trial granted, with costs to appellant to abide the event. For the purpose of the new trial, the findings of fact and conclusions of law are reversed. In our opinion it was an improper exercise of discretion for the court, after it rendered- its opinion, but before the decision was signed, to deny defendant’s motion to reopen the case for the submission of additional evidence. Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ., concur.

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Judgment for plaintiff in an action to rescind a contract and to recover the balance of a deposit, and order denying defendant’s motion to reopen the case, reversed on the law and a new trial granted, with costs to appellant to abide the event. For the purpose of the new trial, the findings of fact and conclusions of law are reversed. In our opinion it was an improper exercise of discretion for the court, after it rendered- its opinion, but before the decision was signed, to deny defendant’s motion to reopen the case for the submission of additional evidence. Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ., concur.

Leewood Hills, Inc. v. New Rochelle Water Co., 255 A.D. 883, 7 N.Y.S.2d 823, 1938 N.Y. App. Div. LEXIS 5752 (N.Y. Ct. App. 1938).

Pincite

255 A.D. 883 (Leewood Hills, Inc. v. New Rochelle Water Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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