Sheiner v. Kreitzer

Full title: ABRAHAM SHEINER, Respondent, v. HARRY KREITZER, Appellant

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

Date published: Nov 1, 1933

240 App. Div. 920 (N.Y. App. Div. 1933)

Opinion

November, 1933.

Appeal from Supreme Court, Sullivan County.

Judgment and order reversed on the law and facts, with costs, and motion denied, with ten dollars costs, on the ground that an arguable issue was presented. Hill, P.J., Rhodes, Crapser and Bliss, JJ., concur; Heffernan, J., dissents.

HEFFERNAN, J. (dissenting).

I am convinced that the issue presented by appellant is not genuine but feigned and that his answer is a sham interposed for the purpose of delay. ( McDonald v. Amsterdam Building Co., 232 App. Div. 382; affd., 259 N.Y. 533.) I, therefore, vote to affirm the order and judgment under review.