Mazer v. Levy

Appellate Terms of the Supreme Court of New York

Mazer v. Levy

146 Misc. 823, 260 N.Y.S. 823, 1931 N.Y. Misc. LEXIS 1802

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 31, 1931

StatusPublished

Cited by1 cases

This text of 146 Misc. 823 (Mazer v. Levy) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mazer v. Levy, 146 Misc. 823, 260 N.Y.S. 823, 1931 N.Y. Misc. LEXIS 1802 (N.Y. Ct. App. 1931).

Pincite

Opinion

Cropsey, J.

Judgment unanimously reversed upon the law and new trial granted, with thirty dollars costs to appellants to abide the event. The plaintiffs’ proof was to the effect that while their truck was standing still, near a corner, defendants’ truck, coming along a side street, turned in front of plaintiffs’ truck, striking it, causing damage. The plaintiffs showed that the damage had been repaired and paid for, but plaintiffs’ witness was not allowed to testify how much had been paid for the repairs. We think that this evidence should have been received, as it was some evidence of the reasonable cost of doing the work.

It was error to nonsuit the plaintiffs.

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Cropsey, J.

Judgment unanimously reversed upon the law and new trial granted, with thirty dollars costs to appellants to abide the event. The plaintiffs’ proof was to the effect that while their truck was standing still, near a corner, defendants’ truck, coming along a side street, turned in front of plaintiffs’ truck, striking it, causing damage. The plaintiffs showed that the damage had been repaired and paid for, but plaintiffs’ witness was not allowed to testify how much had been paid for the repairs. We think that this evidence should have been received, as it was some evidence of the reasonable cost of doing the work.

It was error to nonsuit the plaintiffs.

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Bluebook (online)

146 Misc. 823, 260 N.Y.S. 823, 1931 N.Y. Misc. LEXIS 1802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mazer-v-levy-nyappterm-1931.

Opinion

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