Stein v. Hirschhorn

Appellate Terms of the Supreme Court of New York

Stein v. Hirschhorn

131 N.Y.S. 1145

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 10, 1911

StatusPublished

This text of 131 N.Y.S. 1145 (Stein v. Hirschhorn) 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

Stein v. Hirschhorn, 131 N.Y.S. 1145 (N.Y. Ct. App. 1911).

Pincite

Opinion

PER CURIAM.

The record in this case discloses that the lower court has misconceived the issue presented and that there is no legal basis for the judgment rendered. Under the facts proved, if the plaintiff was entitled to anything, it would seem that he was entitled to the full amount claimed. A review of the record convinces us that substantial justice to both parties requires a new trial. Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event.

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PER CURIAM.

The record in this case discloses that the lower court has misconceived the issue presented and that there is no legal basis for the judgment rendered. Under the facts proved, if the plaintiff was entitled to anything, it would seem that he was entitled to the full amount claimed. A review of the record convinces us that substantial justice to both parties requires a new trial. Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event.

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Bluebook (online)

131 N.Y.S. 1145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stein-v-hirschhorn-nyappterm-1911.