Tanenbaum v. Simon

Appellate Division of the Supreme Court of New York

Tanenbaum v. Simon

71 A.D. 611, 75 N.Y.S. 922

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

DecidedApril 15, 1902

StatusPublished

This text of 71 A.D. 611 (Tanenbaum v. Simon) 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

Tanenbaum v. Simon, 71 A.D. 611, 75 N.Y.S. 922 (N.Y. Ct. App. 1902).

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Opinion

Per Curiam:

Many of the questions sought to be settled by the submission of the controversy between the parties are not presented 'in such a way that it is competent for the court to decide them. We are asked to pass upon inferences which may be drawn from the submission, rather than upon facts which are affirmatively stated therein; and thus our conclusion would necessarily be based upon such inferences. As said in Fearing v. Irwin (55 N. Y. 489), “In these cases of a submission of a controversy without action, the court is confined to the facts agreed upon, and can make no inferences or in any way depart from or go beyond the statement presented.” The submission, therefore, must be dismissed, without costs and without prejudice to any action the parties may see fit to bring. Present— Van Brunt; P. J., Patterson, O'Brien, McLaughlin and Laughlin, JJ.

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Per Curiam:

Many of the questions sought to be settled by the submission of the controversy between the parties are not presented 'in such a way that it is competent for the court to decide them. We are asked to pass upon inferences which may be drawn from the submission, rather than upon facts which are affirmatively stated therein; and thus our conclusion would necessarily be based upon such inferences. As said in Fearing v. Irwin (55 N. Y. 489), “In these cases of a submission of a controversy without action, the court is confined to the facts agreed upon, and can make no inferences or in any way depart from or go beyond the statement presented.” The submission, therefore, must be dismissed, without costs and without prejudice to any action the parties may see fit to bring. Present— Van Brunt; P. J., Patterson, O'Brien, McLaughlin and Laughlin, JJ.

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Bluebook (online)

71 A.D. 611, 75 N.Y.S. 922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tanenbaum-v-simon-nyappdiv-1902.