Weisthal v. Arena Building Corp.

Appellate Division of the Supreme Court of New York

Weisthal v. Arena Building Corp.

223 A.D. 864

Procedural entryThis page is a short order in Weisthal v. Arena Building Corp.. Read the opinion of the Court — 232 A.D. 694 →

Appellate Division of the Supreme Court of the State of New York·Decided April 15, 1928·Published

Opinion

Judgment reversed upon the law and new trial granted, costs to abide the event. The court’s ruling at folio 128 was error, it not having been made to appear that the alleged earnings were not due in any substantial degree to profit from invested capital. (Walsh v. N. Y. C. & H. R. R. R. Co., 204 N. Y. 58; Gombert v. N. Y. C. & H. R. R. R. Co., 195 id. 273, 279; Weir v. Union R. Co., 188 id. 416.) Lazansky, P. J., Rich, Young, Seeger and Carswell, JJ., concur.

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Judgment reversed upon the law and new trial granted, costs to abide the event. The court’s ruling at folio 128 was error, it not having been made to appear that the alleged earnings were not due in any substantial degree to profit from invested capital. (Walsh v. N. Y. C. & H. R. R. R. Co., 204 N. Y. 58; Gombert v. N. Y. C. & H. R. R. R. Co., 195 id. 273, 279; Weir v. Union R. Co., 188 id. 416.) Lazansky, P. J., Rich, Young, Seeger and Carswell, JJ., concur.

Weisthal v. Arena Building Corp., 223 A.D. 864 (N.Y. Ct. App. 1928).

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Opinion

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