Paramount Pictures, Inc. v. Blumenthal

Full title: PARAMOUNT PICTURES, INC., Appellant, v. BEN BLUMENTHAL, Respondent

Court: Court of Appeals of the State of New York

Date published: Oct 10, 1939

23 N.E.2d 15 (N.Y. 1939)

23 N.E.2d 15

Opinion

Argued September 25, 1939

Decided October 10, 1939

Appeal from the Supreme Court, Appellate Division, First Department, ROSENMAN, J.

Louis Phillips, William P. Thomas, Irving Cohen and Austin C. Keough for appellant.

I. Maurice Wormser, William Klein, Milton R. Weinberger and Adolph Lund for respondent.

Appeal dismissed, with costs, and certified question not answered. The certified question is not decisive of the issue, which is one of fact. It is not a question of power but of discretion. No opinion.

Concur: CRANE, Ch. J., LEHMAN O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.