Melvyne Realty Co. v. Trom Corp.

Appellate Division of the Supreme Court of New York

Melvyne Realty Co. v. Trom Corp.

229 A.D. 759

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

DecidedMay 15, 1930

StatusPublished

This text of 229 A.D. 759 (Melvyne Realty Co. v. Trom 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

Melvyne Realty Co. v. Trom Corp., 229 A.D. 759 (N.Y. Ct. App. 1930).

Pincite

Opinion

Per Curiam.

Plaintiff failed to present sufficient proof to justify the conclusion that the work for the value of which it has recovered judgment was required by law, municipal ordinances or orders, or requirements noted or issued by any municipal department or bureau. There was absence of sufficient evidence to show the nature, extent or dimensions of the alleged vault, or whether it existed and was constructed pursuant to any permit duly issued. In the circumstances, we are constrained to reverse the judgment and grant a new trial, with costs to the appellants to abide the event. Present ■— Dowling, P. J., Finch, McAvoy, Martin and O’Malley, JJ. Judgment reversed and a new trial ordered, with costs to the appellants to abide the event.

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Per Curiam.

Plaintiff failed to present sufficient proof to justify the conclusion that the work for the value of which it has recovered judgment was required by law, municipal ordinances or orders, or requirements noted or issued by any municipal department or bureau. There was absence of sufficient evidence to show the nature, extent or dimensions of the alleged vault, or whether it existed and was constructed pursuant to any permit duly issued. In the circumstances, we are constrained to reverse the judgment and grant a new trial, with costs to the appellants to abide the event. Present ■— Dowling, P. J., Finch, McAvoy, Martin and O’Malley, JJ. Judgment reversed and a new trial ordered, with costs to the appellants to abide the event.

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Bluebook (online)

229 A.D. 759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melvyne-realty-co-v-trom-corp-nyappdiv-1930.