Appellate Division of the Supreme Court of New York, 1925

Staten Island Lodge No. 841 v. Staten Island Savings Bank

Staten Island Lodge No. 841 v. Staten Island Savings Bank
Appellate Division of the Supreme Court of New York · Decided January 15, 1925
212 A.D. 826
Staten Island Lodge No. 841 v. Staten Island Savings Bank

Opinion of the Court

Judgment of the County Court of Richmond county reversed upon the law and the facts, and a new trial granted, costs to abide the event. The action was tried by the court without a jury, but no decision, as required by section 440 of the Civil Practice Act, appears in the record. The judgment, however, recites a decision, and also that “ testimony and proof ” had “ been introduced ” by both parties, but no witnesses were sworn on behalf of the defendant, and the record does not show that the defendant had rested. The final motion in the action was for a dismissal of the complaint. Under these circumstances we think the action should be tried de novo. Kelly, P. J., Jayeox, Kelby, Young and Kapper, J.J., concur.

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