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Silfen v. Ellman

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1922
200 App. Div. 915 (N.Y. App. Div. 1922)

Opinion

February, 1922.


Judgment reversed upon reargument, and a new trial ordered in the County Court of Kings county, with costs to abide the event. [See 198 App. Div. 945; 200 id. 867.] This court is of the opinion that the decision already rendered should stand, and that the case should go back to the County Court for a new trial. We are loath to attempt to make findings of fact upon affidavits which appear so inconclusive upon their face. The defendants to succeed in their defense must show either that they tendered the money before the twenty days had elapsed after their default, or conduct on the part of the plaintiffs of such a nature as amounts to a waiver of such tender or would make such tender impossible. Blackmar, P.J., Rich, Kelly, Kelby and Young, JJ., concur.


Summaries of

Silfen v. Ellman

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1922
200 App. Div. 915 (N.Y. App. Div. 1922)
Case details for

Silfen v. Ellman

Case Details

Full title:JACOB SILFEN and LENA SILFEN, Appellants, v. SADIE ELLMAN and Others…

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

Date published: Feb 1, 1922

Citations

200 App. Div. 915 (N.Y. App. Div. 1922)