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Leewood Hills, Inc. v. New Rochelle Water Company

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1938
255 App. Div. 883 (N.Y. App. Div. 1938)

Opinion

November 28, 1938.


Judgment for plaintiff in an action to rescind a contract and to recover the balance of a deposit, and order denying defendant's motion to reopen the case, reversed on the law and a new trial granted, with costs to appellant to abide the event. For the purpose of the new trial, the findings of fact and conclusions of law are reversed. In our opinion it was an improper exercise of discretion for the court, after it rendered its opinion, but before the decision was signed, to deny defendant's motion to reopen the case for the submission of additional evidence. Lazansky, P.J., Hagarty, Johnston, Adel and Close, JJ., concur.


Summaries of

Leewood Hills, Inc. v. New Rochelle Water Company

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1938
255 App. Div. 883 (N.Y. App. Div. 1938)
Case details for

Leewood Hills, Inc. v. New Rochelle Water Company

Case Details

Full title:LEEWOOD HILLS, INC., Respondent, v. THE NEW ROCHELLE WATER COMPANY…

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

Date published: Nov 28, 1938

Citations

255 App. Div. 883 (N.Y. App. Div. 1938)

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