Woodside Station Corp. v. Brieger

Appellate Division of the Supreme Court of New York

Woodside Station Corp. v. Brieger

260 A.D. 1009, 23 N.Y.S.2d 901

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

DecidedDecember 20, 1940

StatusPublished

Cited by1 cases

This text of 260 A.D. 1009 (Woodside Station Corp. v. Brieger) 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

Woodside Station Corp. v. Brieger, 260 A.D. 1009, 23 N.Y.S.2d 901 (N.Y. Ct. App. 1940).

Pincite

Opinion

Per Curiam.

The findings are not only inconsistent but irreconcilable. We áre, accordingly, bound to accept the findings most favorable to appellant. As such findings are destructive of the judgment, the judgment must be reversed.

The appeal having been taken on the judgment roll as permitted by section 575 of the Civil Practice Act, we have the choice in reversing the judgment either to grant a new trial (Madison County Trust & Deposit Co. v. Smith, 259 N. Y. 348) or to order a reargument upon a complete record (Matter of Small v. Moss, 277 N. Y. 501, 515). In this instance, we are of the view that a new trial should be ordered.

The judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event.

Present — Martin, P. J., Glennon, Untermyer, Cohn and Callahan, JJ.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.

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