Melowsky v. Cohen

Appellate Division of the Supreme Court of New York

Melowsky v. Cohen

168 A.D. 968, 153 N.Y.S. 1128

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

DecidedMay 15, 1915

StatusPublished

This text of 168 A.D. 968 (Melowsky v. Cohen) 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

Melowsky v. Cohen, 168 A.D. 968, 153 N.Y.S. 1128 (N.Y. Ct. App. 1915).

Pincite

Opinion

The parties hereto having stipulated in open court that this case may be disposed of by a court of four, the decision is as follows: Judgment and order of the County Court of Kings county reversed and new trial ordered, costs to abide the event, upon the ground that plaintiff was not estopped by the testimony of Lena Ginsberg from proving that defendant, rather than his wife, struck plaintiff with the chair. It is also noted that a verdict should not be directed pending the progress of plaintiff’s case. Jenks, P. J., Thomas, Stapleton and Rich, JJ., concurred.

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The parties hereto having stipulated in open court that this case may be disposed of by a court of four, the decision is as follows: Judgment and order of the County Court of Kings county reversed and new trial ordered, costs to abide the event, upon the ground that plaintiff was not estopped by the testimony of Lena Ginsberg from proving that defendant, rather than his wife, struck plaintiff with the chair. It is also noted that a verdict should not be directed pending the progress of plaintiff’s case. Jenks, P. J., Thomas, Stapleton and Rich, JJ., concurred.

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Bluebook (online)

168 A.D. 968, 153 N.Y.S. 1128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melowsky-v-cohen-nyappdiv-1915.