Appellate Division of the Supreme Court of New York, 1924

Tymann v. Schwartz

Tymann v. Schwartz
Appellate Division of the Supreme Court of New York · Decided June 15, 1924
209 A.D. 886
Tymann v. Schwartz

Opinion of the Court

Judgment of the County Court of Queens county reversed upon the law, and a new trial ordered, with costs to abide the event, for error in the ruling and remark of the trial court at folios 235 and 236. The contention of plaintiff’s counsel was that evidence of defendant’s wealth was admissible in a slander case. The remark of the court was that the evidence was competent to show that defendant was a substantial property owner in the community. Either as evidence of wealth, or for the purpose of showing what weight should be attached to the words alleged to have been uttered by the defendant, the ruling, in our opinion, was erroneous. (Enos v. Enos, 58 Hun, 45.) Kelly, P. J., Manning, Kelby, Young and Kapper, JJ., concur.

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