Bray v. Saver

Full title: MAE S. BRAY, Respondent, v. JOHN J. SAVER, Appellant

Court: Court of Appeals of the State of New York

Date published: Jul 10, 1964

200 N.E.2d 863 (N.Y. 1964)

200 N.E.2d 863

252 N.Y.S.2d 322

Opinion

Argued June 8, 1964

Decided July 10, 1964

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, DAVID GLICKMAN, J.

Benj. J. Jacobson for appellant.

Lloyd H. Baker for respondent.

Order affirmed, with costs; no opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and BERGAN.

Judge SCILEPPI dissents and votes to modify and remit to Special Term for recomputation of the judgment as follows:

(1) by reducing so much of the recovery under the first cause of action as is represented by the second series of notes; (2) by dismissing the third cause of action; (3) by applying the setoff as found by the Appellate Division against another portion of the recovery, and (4) by recomputing interest.