Appellate Division of the Supreme Court of New York, 1957

Rising v. Kendzie

Rising v. Kendzie
Appellate Division of the Supreme Court of New York · Decided May 15, 1957
3 A.D.2d 979; 162 N.Y.S.2d 669; 1957 N.Y. App. Div. LEXIS 5475
Rising v. Kendzie

Opinion of the Court

Judgment and order reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event. Memorandum: The present record contains no findings of fact upon which either the decision or the amount of recovery could be predicated. A new trial of the issues should be had. All concur. (Appeal from a judgment of Niagara Supreme Court for plaintiff in an action for breach of contract. The order struck out defendants’ affirmative defenses and dismissed the counterclaim.) Present — McCurn, P. J., Vaughan, Williams, Bastow and Goldman, JJ.

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