Hall Approved Free Access to American Case Law
Appellate Division of the Supreme Court of New York, 1923

Berg v. Just Because, Inc.

Berg v. Just Because, Inc.
Appellate Division of the Supreme Court of New York · Decided April 6, 1923 · Smith
205 A.D. 33; 199 N.Y.S. 68

Counsel

A. Spotswood Campbell, for the appellant., Bickerton, Wittenberg & Fleisher [Philip Wittenberg of counsel], for the respondent.

Berg v. Just Because, Inc.

Opinion of the Court

Smith, J.:

This action is for the recovery of subsequent installments under the same contract involved in action No. 1, between the same parties. (Berg v. Just Because, Inc., No. 1, 205 App. Div. 31.)

*34Following the conclusion reached in action No. 1, decided herewith, the determination of the Appellate Term and the judgment of the Municipal Court should be reversed and the complaint dismissed, with costs in all courts.

Dowling, Meeeell, Finch and McAvoy, JJ., concur.

Determination of Appellate Term and judgment of Municipal Court reversed and complaint dismissed, with costs to appellant in all courts.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.