Ostrom v. Sziwack

Appellate Division of the Supreme Court of New York

Ostrom v. Sziwack

254 A.D. 803, 4 N.Y.S.2d 227, 1938 N.Y. App. Div. LEXIS 7673

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

DecidedMay 13, 1938

StatusPublished

This text of 254 A.D. 803 (Ostrom v. Sziwack) 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

Ostrom v. Sziwack, 254 A.D. 803, 4 N.Y.S.2d 227, 1938 N.Y. App. Div. LEXIS 7673 (N.Y. Ct. App. 1938).

Pincite

Opinion

'Appeal from a judgment of the Supreme Court, entered in the county of Delaware on the 1st day of December, 1937, in favor of the plaintiff against the defendants, upon the verdict of a jury for $400 damages and $90.55 costs, [804]*804amounting in all to $490.55 Plaintiff had leased from the defendant Mary Sziwaek a farm with certain cows, horses and farming equipment. Before the termination of the lease defendant retook possession of some of the cows claiming that the plaintiff had failed to perform his portion of the agreement. Plaintiff brought this action in conversion, claiming damages for the loss of use of the cattle. Defendants counterclaimed with items of damage for the plaintiff’s failure to perform under the lease. The jury rendered a verdict in favor of the plaintiff for $400. In view of all the evidence this verdict was excessive. Judgment and order reversed, on the facts, and new trial granted, with costs to the appellants to abide the event, unless within twenty days from the service of á copy of the order to be entered hereon, the plaintiff stipulates to reduce the verdict to the sum of two hundred dollars, in which event the judgment is so modified and as modified the judgment and order are affirmed, with costs. Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ., concur.

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'Appeal from a judgment of the Supreme Court, entered in the county of Delaware on the 1st day of December, 1937, in favor of the plaintiff against the defendants, upon the verdict of a jury for $400 damages and $90.55 costs, [804]*804amounting in all to $490.55 Plaintiff had leased from the defendant Mary Sziwaek a farm with certain cows, horses and farming equipment. Before the termination of the lease defendant retook possession of some of the cows claiming that the plaintiff had failed to perform his portion of the agreement. Plaintiff brought this action in conversion, claiming damages for the loss of use of the cattle. Defendants counterclaimed with items of damage for the plaintiff’s failure to perform under the lease. The jury rendered a verdict in favor of the plaintiff for $400. In view of all the evidence this verdict was excessive. Judgment and order reversed, on the facts, and new trial granted, with costs to the appellants to abide the event, unless within twenty days from the service of á copy of the order to be entered hereon, the plaintiff stipulates to reduce the verdict to the sum of two hundred dollars, in which event the judgment is so modified and as modified the judgment and order are affirmed, with costs. Hill, P. J., Rhodes, Crapser, Bliss and Heffernan, JJ., concur.

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Bluebook (online)

254 A.D. 803, 4 N.Y.S.2d 227, 1938 N.Y. App. Div. LEXIS 7673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ostrom-v-sziwack-nyappdiv-1938.