Appellate Division of the Supreme Court of New York, 1931

Minkin v. Buchler

Appellate Division of the Supreme Court of New York · Decided May 29, 1931

232 A.D. 452; 252 N.Y.S. 110; 1931 N.Y. App. Div. LEXIS 13841

Counsel

Matthew M. Levy of counsel [Louis Richman with him on the brief, attorney], for the appellant., A. H. Waisman of counsel [Samuel Buckler, attorney], for the respondent.

Opinion of the Court

Per Curiam.

We think that the trial justice, having set aside the verdict rendered by him under stipulation to waive a jury trial and no jury finding being required for determination of the action, should have decided it himself on the merits. The matter is, therefore, remitted to him for that purpose.

The order so far as it directs a new trial should be reversed, without costs, and the action remitted to Trial Term for decision by the trial justice.

Present ■— Finch, P. J., Merrell, McAvoy, Martin and Sherman, JJ.

Order so far as it directs a new trial reversed, without costs, and the action remitted to the Trial Term for decision.

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