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Barrett v. Mamaroneck Heights Company, Inc.

Appellate Division of the Supreme Court of New York, First Department
Apr 1, 1930
229 App. Div. 701 (N.Y. App. Div. 1930)

Opinion

April, 1930.

Appeal from Supreme Court, New York County.

Present — Dowling, P.J., Merrell, McAvoy and O'Malley, JJ.; O'Malley, J., dissents and votes for reversal and a new trial.


Judgment and order affirmed, with costs. No opinion.


I dissent and vote for reversal of the judgment and for a new trial. In the circumstances here disclosed the question of good faith was immaterial and it was, therefore, reversible error to charge that plaintiff could not recover in the absence of proof of bad faith. In this view it is unnecessary to consider the other alleged erroneous rulings.


Summaries of

Barrett v. Mamaroneck Heights Company, Inc.

Appellate Division of the Supreme Court of New York, First Department
Apr 1, 1930
229 App. Div. 701 (N.Y. App. Div. 1930)
Case details for

Barrett v. Mamaroneck Heights Company, Inc.

Case Details

Full title:FRANK B. BARRETT, Appellant, v. MAMARONECK HEIGHTS COMPANY, INC.…

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

Date published: Apr 1, 1930

Citations

229 App. Div. 701 (N.Y. App. Div. 1930)