Miller v. La Guerta

Appellate Terms of the Supreme Court of New York

Miller v. La Guerta

18 Misc. 2d 457, 193 N.Y.S.2d 315, 1959 N.Y. Misc. LEXIS 3619

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 26, 1959

StatusPublished

This text of 18 Misc. 2d 457 (Miller v. La Guerta) 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

Miller v. La Guerta, 18 Misc. 2d 457, 193 N.Y.S.2d 315, 1959 N.Y. Misc. LEXIS 3619 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

The judgment should be unanimously reversed upon the law and facts and a new trial granted, with $10 costs to the plaintiff to abide the event. Appeal from decision dismissed. No appeal lies therefrom (N. Y. City Mun. Ct. Code, § 154).

The defense predicated on the claim of plaintiff’s nonperformance was not fully developed at the trial.

Concur — Pette, Hart and Brown, JJ.

Judgment reversed, etc.

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Per Curiam.

The judgment should be unanimously reversed upon the law and facts and a new trial granted, with $10 costs to the plaintiff to abide the event. Appeal from decision dismissed. No appeal lies therefrom (N. Y. City Mun. Ct. Code, § 154).

The defense predicated on the claim of plaintiff’s nonperformance was not fully developed at the trial.

Concur — Pette, Hart and Brown, JJ.

Judgment reversed, etc.

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Bluebook (online)

18 Misc. 2d 457, 193 N.Y.S.2d 315, 1959 N.Y. Misc. LEXIS 3619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-la-guerta-nyappterm-1959.