Sommer v. E. B. Kelly Co.

Appellate Terms of the Supreme Court of New York

Sommer v. E. B. Kelly Co.

182 Misc. 119, 50 N.Y.S.2d 66

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1944

StatusPublished

Cited by1 cases

This text of 182 Misc. 119 (Sommer v. E. B. Kelly Co.) 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

Sommer v. E. B. Kelly Co., 182 Misc. 119, 50 N.Y.S.2d 66 (N.Y. Ct. App. 1944).

Pincite

Opinion

Memorandum: Per Curiam.

Inasmuch as the defendant’s misrepresentation was one of fact and not one of law, the amended complaint states a good cause of action. It was error, therefore, for the trial court to dismiss the amended complaint before the opening of counsel to the jury.

The judgment should be reversed upon the law and a new trial granted, with costs to plaintiffs to abide the event.

MaoCrate, Smith and Steinbrink, JJ., concur.

Judgment reversed, etc.

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