Neglia v. Lielouka

Appellate Terms of the Supreme Court of New York

Neglia v. Lielouka

32 Misc. 707, 65 N.Y.S. 500

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1900

StatusPublished

Cited by1 cases

This text of 32 Misc. 707 (Neglia v. Lielouka) 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

Neglia v. Lielouka, 32 Misc. 707, 65 N.Y.S. 500 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Curiam.

As the evidence showed that defendant agreed to 'fix the roof if plaintiffs “ stayed ”, and that plaintiffs stayed, but defendant failed to fix the roof within a reasonable time, and that by this fault of the defendant the plaintiffs were damaged as claimed, the complaint should not have been dismissed.

As it does not appear that the plaintiffs had concluded their case on any question, except that of defendant’s negligence, at the time of the dismissal, it is not necessary to consider the question of contributory negligence.

Judgment reversed and new trial ordered, with costs to appellants to abide event.

Present: Truax, P. J., Scott and Dugro, JJ.

Judgment reversed and new trial ordered, with costs to appellants to abide event.'

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