Stevens v. Breen

New York Court of Appeals

Stevens v. Breen

27 N.E.2d 987, 283 N.Y. 196, 1940 N.Y. LEXIS 932

CourtNew York Court of Appeals

DecidedMay 28, 1940

StatusPublished

Cited by4 cases

This text of 27 N.E.2d 987 (Stevens v. Breen) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stevens v. Breen, 27 N.E.2d 987, 283 N.Y. 196, 1940 N.Y. LEXIS 932 (N.Y. 1940).

Pincite

Opinion

Per Curiam.

While the order of the Appellate Division, reversing the judgment and granting a new trial, was on the law and the facts, it is clear from the court’s opinion that it was made in the exercise of its discretion “ in the interest of justice.” In view of the fact that certain defenses were not raised, in the first trial, which defenses, within reasonable expectation might cause the trial court to arrive at a different result, there has been no arbitrary abuse of discretion by the Appellate Division. Under these circumstances, the reversal and the granting of a new trial by the Appellate Division presents no question for review in this court.

The order should be affirmed and judgment absolute ordered against the appellant on the stipulation, with costs in all courts.

Lehman, Ch. J., Loughran, Finch, Bjppey, Sears, Lewis and Conway, JJ., concur.

Ordered accordingly.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

While the order of the Appellate Division, reversing the judgment and granting a new trial, was on the law and the facts, it is clear from the court’s opinion that it was made in the exercise of its discretion “ in the interest of justice.” In view of the fact that certain defenses were not raised, in the first trial, which defenses, within reasonable expectation might cause the trial court to arrive at a different result, there has been no arbitrary abuse of discretion by the Appellate Division. Under these circumstances, the reversal and the granting of a new trial by the Appellate Division presents no question for review in this court.

The order should be affirmed and judgment absolute ordered against the appellant on the stipulation, with costs in all courts.

Lehman, Ch. J., Loughran, Finch, Bjppey, Sears, Lewis and Conway, JJ., concur.

Ordered accordingly.

Cite This Page — Counsel Stack

Bluebook (online)

27 N.E.2d 987, 283 N.Y. 196, 1940 N.Y. LEXIS 932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-v-breen-ny-1940.

Opinion

Related

Cite This Page — Counsel Stack