Van Cleave v. Demorest

Appellate Division of the Supreme Court of New York

Van Cleave v. Demorest

192 A.D. 925

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1920·Published

Opinion

Judgment reversed and new trial granted, with costs to abide the event, upon the ground that this court has already decided that the complaint does state facts sufficient to constitute a cause of action (See 186 App. Div. 906), and that the trial court should have regarded that decision as conclusive upon it and as constituting the law of the case. Jenks, P. J., Mills, Rich, Putnam and Blackmar, JJ., concur.

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Judgment reversed and new trial granted, with costs to abide the event, upon the ground that this court has already decided that the complaint does state facts sufficient to constitute a cause of action (See 186 App. Div. 906), and that the trial court should have regarded that decision as conclusive upon it and as constituting the law of the case. Jenks, P. J., Mills, Rich, Putnam and Blackmar, JJ., concur.

Van Cleave v. Demorest, 192 A.D. 925 (N.Y. Ct. App. 1920).

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