Seldin v. Nixon Realty Corp.

Appellate Terms of the Supreme Court of New York

Seldin v. Nixon Realty Corp.

155 Misc. 699, 280 N.Y.S. 110, 1935 N.Y. Misc. LEXIS 1202

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 1, 1935

StatusPublished

This text of 155 Misc. 699 (Seldin v. Nixon Realty Corp.) 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

Seldin v. Nixon Realty Corp., 155 Misc. 699, 280 N.Y.S. 110, 1935 N.Y. Misc. LEXIS 1202 (N.Y. Ct. App. 1935).

Pincite

Opinion

Per Curiam.

Defendant acquiesced in the submission to the jury of the issues as formulated by the trial judge in his charge; and as it must be assumed that the new trial was ordered upon defendant’s exceptions (Rule 224) and there is no exception which presents prejudicial error, the order appealed from cannot be sustained.

Order reversed, with costs, and verdict reinstated.

All concur; present, Hammer, Callahan and Shientag, JJ.

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Per Curiam.

Defendant acquiesced in the submission to the jury of the issues as formulated by the trial judge in his charge; and as it must be assumed that the new trial was ordered upon defendant’s exceptions (Rule 224) and there is no exception which presents prejudicial error, the order appealed from cannot be sustained.

Order reversed, with costs, and verdict reinstated.

All concur; present, Hammer, Callahan and Shientag, JJ.

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Bluebook (online)

155 Misc. 699, 280 N.Y.S. 110, 1935 N.Y. Misc. LEXIS 1202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seldin-v-nixon-realty-corp-nyappterm-1935.