Appellate Terms of the Supreme Court of New York, 1914

Agulnick v. Rauch

Appellate Terms of the Supreme Court of New York · Decided June 18, 1914

148 N.Y.S. 137 (New York Supplement)

Counsel

Rosansky & Goldberg, of New York City (Julius H. Rosansky, of counsel), for appellant., Isador Silver, of New York City, for respondent.

Opinion of the Court

PER CURIAM.

The defendant did not demand judgment for the return of the chattels in his answer. Mun. Ct. Act, § 123. Therefore the court was without power to grant judgment in his favor for a return of the chattels, or in default thereof judgment for the value of the chattels against the plaintiff. Beck v. Schneider, 84 Misc. Rep. 23, 145 N. Y. Supp. 1046.

The judgment will therefore be modified, by striking therefrom those provisions, and, as modified, affirmed, without costs to either party of this appeal.

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