Weisthal v. Arena Building Corporation

Full title: OSIAS WEISTHAL, Respondent, v. ARENA BUILDING CORPORATION, Appellant

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

Date published: Apr 1, 1928

223 App. Div. 864 (N.Y. App. Div. 1928)

Opinion

April, 1928.

Judgment reversed upon the law and new trial granted, costs to abide the event. The court's ruling at folio 128 was error, it not having been made to appear that the alleged earnings were not due in any substantial degree to profit from invested capital. ( Walsh v. N.Y.C. H.R.R.R. Co., 204 N.Y. 58; Gombert v. N.Y.C. H.R.R.R. Co., 195 id. 273, 279; Weir v. Union R. Co., 188 id. 416.) Lazansky, P.J., Rich, Young, Seeger and Carswell, JJ., concur.