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Gottlieb v. Arciere

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1917
179 App. Div. 933 (N.Y. App. Div. 1917)

Opinion

July, 1917.


Judgment of the County Court of Nassau county reversed, without costs, and new trial ordered in Justice's Court and cause remitted to the County Court of Nassau county for the purpose of designating a justice and fixing a time for the new trial. The defendants' counterclaim, on which their judgment is based, is neither permissible nor proved, and plaintiff's cause of action is not disposed of in the judgment. We think that a new trial is essential, and that our discretion that the reversal be without costs should be exercised. (See Code provisions governing Justices' Courts and appeals to the Appellate Division.) Jenks, P.J., Thomas, Stapleton, Rich and Blackmar, JJ., concurred.


Summaries of

Gottlieb v. Arciere

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1917
179 App. Div. 933 (N.Y. App. Div. 1917)
Case details for

Gottlieb v. Arciere

Case Details

Full title:DORA GOTTLIEB, Appellant, v. MICHAEL ARCIERE and JAMES HARRIS, Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 1, 1917

Citations

179 App. Div. 933 (N.Y. App. Div. 1917)