Levy's Store, Inc. v. Endicott-Johnson Corp.

Appellate Division of the Supreme Court of New York

Levy's Store, Inc. v. Endicott-Johnson Corp.

247 A.D. 873

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

DecidedApril 15, 1936

StatusPublished

This text of 247 A.D. 873 (Levy's Store, Inc. v. Endicott-Johnson Corp.) 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

Levy's Store, Inc. v. Endicott-Johnson Corp., 247 A.D. 873 (N.Y. Ct. App. 1936).

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Opinion

Action for damages for alleged malicious prosecution by instituting a bankruptcy proceeding against plaintiH without probable cause. Judgment affirmed, with costs. No opinion. Present — Martin, P. J., Glennon, Untermyer, Dore and Cohn, JJ.; Dore, J., dissents and votes to reverse the judgment and dismiss the complaint, upon the ground that, on the facts in this record, the issue of probable cause was an issue of law for the court, and the court erroneously presented such issue to the jury, and that the motion to direct a verdict in favor of the defendant upon the ground that the proof failed to establish lack of probable cause, should have been [874]*874granted. (Burt v. Smith, 181 N. Y. 1; Rawson v. Leggett, 184 id. 504; Willard v. Holmes, 142 id. 492.)

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Action for damages for alleged malicious prosecution by instituting a bankruptcy proceeding against plaintiH without probable cause. Judgment affirmed, with costs. No opinion. Present — Martin, P. J., Glennon, Untermyer, Dore and Cohn, JJ.; Dore, J., dissents and votes to reverse the judgment and dismiss the complaint, upon the ground that, on the facts in this record, the issue of probable cause was an issue of law for the court, and the court erroneously presented such issue to the jury, and that the motion to direct a verdict in favor of the defendant upon the ground that the proof failed to establish lack of probable cause, should have been [874]*874granted. (Burt v. Smith, 181 N. Y. 1; Rawson v. Leggett, 184 id. 504; Willard v. Holmes, 142 id. 492.)

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247 A.D. 873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levys-store-inc-v-endicott-johnson-corp-nyappdiv-1936.

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