Seltzer v. Miles Shoes, Inc.

Appellate Terms of the Supreme Court of New York

Seltzer v. Miles Shoes, Inc.

179 Misc. 701, 39 N.Y.S.2d 460, 1943 N.Y. Misc. LEXIS 1538

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 22, 1943

StatusPublished

This text of 179 Misc. 701 (Seltzer v. Miles Shoes, Inc.) 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

Seltzer v. Miles Shoes, Inc., 179 Misc. 701, 39 N.Y.S.2d 460, 1943 N.Y. Misc. LEXIS 1538 (N.Y. Ct. App. 1943).

Pincite

Opinion

Per Curiam.

The testimony by the infant’s mother of an admission by defendant’s manager several days after the sale was inadmissible. There was no competent evidence of a defect readily observable by one who understood shoes or which might be found by inspection alone.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

Hammer and McLaughlin, JJ., concur; Miller, J., dissents.

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Per Curiam.

The testimony by the infant’s mother of an admission by defendant’s manager several days after the sale was inadmissible. There was no competent evidence of a defect readily observable by one who understood shoes or which might be found by inspection alone.

Judgment reversed and a new trial ordered, with thirty dollars costs to appellant to abide the event.

Hammer and McLaughlin, JJ., concur; Miller, J., dissents.

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Bluebook (online)

179 Misc. 701, 39 N.Y.S.2d 460, 1943 N.Y. Misc. LEXIS 1538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seltzer-v-miles-shoes-inc-nyappterm-1943.