Stein v. Saminey Realty Corp.

Appellate Division of the Supreme Court of New York

Stein v. Saminey Realty Corp.

30 A.D.2d 656, 291 N.Y.S.2d 374, 1968 N.Y. App. Div. LEXIS 3699

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 20, 1968

StatusPublished

This text of 30 A.D.2d 656 (Stein v. Saminey Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State 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. Saminey Realty Corp., 30 A.D.2d 656, 291 N.Y.S.2d 374, 1968 N.Y. App. Div. LEXIS 3699 (N.Y. Ct. App. 1968).

Pincite

Opinion

Judgment insofar as appealed from unanimously reversed, on the law, the judgment vacated and a new trial ordered, with $50 costs and disbursements to abide the event. In this action for refund and treble damages for alleged rent overcharges, the stricken testimony of the witness Mushkin was so prejudicial to the defendant that it could not be cured by the belated striking and direction to the jury to disregard such testimony. While certain inferences could reasonably be drawn from the testimony, the underlying charge of conspiracy upon which appellant’s liability was predicated was not proved by a preponderance of the competent evidence. It is extremely -difficult, if not impossible, to ascertain from the record the actual number of apartments rented by appellant to Palmblad, the missing defendant, what sum or sums were reeived in payment for each apartment, whether the total testified to merely represents total payment for such apartments, or if there is such discrepancy that it might be inferred that Palmblad paid over [657]*657to appellant any excess received by him beyond his stated rental for the apartment in question. Concur — Stevens, J. P., Steuer, Tilzer, McGivern and Rabin, JJ.

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Judgment insofar as appealed from unanimously reversed, on the law, the judgment vacated and a new trial ordered, with $50 costs and disbursements to abide the event. In this action for refund and treble damages for alleged rent overcharges, the stricken testimony of the witness Mushkin was so prejudicial to the defendant that it could not be cured by the belated striking and direction to the jury to disregard such testimony. While certain inferences could reasonably be drawn from the testimony, the underlying charge of conspiracy upon which appellant’s liability was predicated was not proved by a preponderance of the competent evidence. It is extremely -difficult, if not impossible, to ascertain from the record the actual number of apartments rented by appellant to Palmblad, the missing defendant, what sum or sums were reeived in payment for each apartment, whether the total testified to merely represents total payment for such apartments, or if there is such discrepancy that it might be inferred that Palmblad paid over [657]*657to appellant any excess received by him beyond his stated rental for the apartment in question. Concur — Stevens, J. P., Steuer, Tilzer, McGivern and Rabin, JJ.

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Bluebook (online)

30 A.D.2d 656, 291 N.Y.S.2d 374, 1968 N.Y. App. Div. LEXIS 3699, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stein-v-saminey-realty-corp-nyappdiv-1968.