Rising v. Kendzie

Appellate Division of the Supreme Court of New York

Rising v. Kendzie

3 A.D.2d 979, 162 N.Y.S.2d 669, 1957 N.Y. App. Div. LEXIS 5475

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

DecidedMay 15, 1957

StatusPublished

This text of 3 A.D.2d 979 (Rising v. Kendzie) 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

Rising v. Kendzie, 3 A.D.2d 979, 162 N.Y.S.2d 669, 1957 N.Y. App. Div. LEXIS 5475 (N.Y. Ct. App. 1957).

Pincite

Opinion

Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event. Memorandum: The present record contains no findings of fact upon which either the decision or the amount of recovery could be predicated. A new trial of the issues should be had. All concur. (Appeal from a judgment of Niagara Supreme Court for plaintiff in an action for breach of contract. The order struck out defendants’ affirmative defenses and dismissed the counterclaim.) Present — McCurn, P. J., Vaughan, Williams, Bastow and Goldman, JJ.

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Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event. Memorandum: The present record contains no findings of fact upon which either the decision or the amount of recovery could be predicated. A new trial of the issues should be had. All concur. (Appeal from a judgment of Niagara Supreme Court for plaintiff in an action for breach of contract. The order struck out defendants’ affirmative defenses and dismissed the counterclaim.) Present — McCurn, P. J., Vaughan, Williams, Bastow and Goldman, JJ.

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Bluebook (online)

3 A.D.2d 979, 162 N.Y.S.2d 669, 1957 N.Y. App. Div. LEXIS 5475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rising-v-kendzie-nyappdiv-1957.