Sawyer v. Robinson

Appellate Division of the Supreme Court of New York

Sawyer v. Robinson

29 A.D.2d 722, 286 N.Y.S.2d 137, 1968 N.Y. App. Div. LEXIS 4831

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

DecidedJanuary 19, 1968

StatusPublished

This text of 29 A.D.2d 722 (Sawyer v. Robinson) 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

Sawyer v. Robinson, 29 A.D.2d 722, 286 N.Y.S.2d 137, 1968 N.Y. App. Div. LEXIS 4831 (N.Y. Ct. App. 1968).

Pincite

Opinion

Aulisi, J.

Appeal (1) from a judgment of the County Court of Schoharie County in favor of plaintiff, entered May 20, 1966, in said county, upon R verdict rendered at a Trial Term, and (2) from an order of said court, entered June 10, 1966, which denied defendant’s motion to set aside the verdict. This action was brought by respondent to foreclose a mechanic’s lien which he asserts arose on account of services and materials furnished in the course of drilling a well on appellant’s property. The findings of the jury implicit in its verdict, following a charge to which no exception was taken, that the well was “ voluntarily abandoned” by the defendant Robinson, was considered “an abandoned well ” and that the action of the plaintiff in removing the casing and destroying the well was “in accordance with an agreement with Mr. Robinson and with Mr. Robinson’s consent ” were contrary to the weight of the evidence and cannot be sustained. Judgment and order reversed, on the law and the facts, and a new trial ordered; with costs to abide the event. Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur in memorandum by Aulisi, J.

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Aulisi, J.

Appeal (1) from a judgment of the County Court of Schoharie County in favor of plaintiff, entered May 20, 1966, in said county, upon R verdict rendered at a Trial Term, and (2) from an order of said court, entered June 10, 1966, which denied defendant’s motion to set aside the verdict. This action was brought by respondent to foreclose a mechanic’s lien which he asserts arose on account of services and materials furnished in the course of drilling a well on appellant’s property. The findings of the jury implicit in its verdict, following a charge to which no exception was taken, that the well was “ voluntarily abandoned” by the defendant Robinson, was considered “an abandoned well ” and that the action of the plaintiff in removing the casing and destroying the well was “in accordance with an agreement with Mr. Robinson and with Mr. Robinson’s consent ” were contrary to the weight of the evidence and cannot be sustained. Judgment and order reversed, on the law and the facts, and a new trial ordered; with costs to abide the event. Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur in memorandum by Aulisi, J.

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Bluebook (online)

29 A.D.2d 722, 286 N.Y.S.2d 137, 1968 N.Y. App. Div. LEXIS 4831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sawyer-v-robinson-nyappdiv-1968.