Siegel v. 131 West Fifty-Eighth Street Corp.

Appellate Terms of the Supreme Court of New York

Siegel v. 131 West Fifty-Eighth Street Corp.

150 N.Y.S. 630

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 14, 1914

StatusPublished

This text of 150 N.Y.S. 630 (Siegel v. 131 West Fifty-Eighth Street 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

Siegel v. 131 West Fifty-Eighth Street Corp., 150 N.Y.S. 630 (N.Y. Ct. App. 1914).

Pincite

Opinion

PAGE, J.

The plaintiff testified that he was employed to do the work and furnish the materials necessary to remove a violation alleged to have been placed by the building department upon premises owned by the defendant. Neither the notice of the violation nor the requirements thereof were given in evidence, but the plaintiff was permitted, over due objection, to testify that the work done and materials furnished were necessary. This is the conclusion of the witness, and substitutes his judgment for that of the court. The facts showing the necessity of the work should have been proved, in order that a conclusion could have been drawn therefrom by the court.

Judgment reversed, and new trial ordered, with costs to the appellant to abide the event. All concur.

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PAGE, J.

The plaintiff testified that he was employed to do the work and furnish the materials necessary to remove a violation alleged to have been placed by the building department upon premises owned by the defendant. Neither the notice of the violation nor the requirements thereof were given in evidence, but the plaintiff was permitted, over due objection, to testify that the work done and materials furnished were necessary. This is the conclusion of the witness, and substitutes his judgment for that of the court. The facts showing the necessity of the work should have been proved, in order that a conclusion could have been drawn therefrom by the court.

Judgment reversed, and new trial ordered, with costs to the appellant to abide the event. All concur.

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Bluebook (online)

150 N.Y.S. 630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siegel-v-131-west-fifty-eighth-street-corp-nyappterm-1914.