Appellate Terms of the Supreme Court of New York, 1916

Horn v. Traina

Appellate Terms of the Supreme Court of New York · Decided March 13, 1916 · Weeks

157 N.Y.S. 908 (New York Supplement)

Counsel

Hirson & Bertini, of New York City (Max M. Hirson and Amedeo A. Bertini, both of New York City, of counsel), for appellants., William F. Wund, of New York City, for respondent.

Opinion of the Court

WEEKS, J.

There was no evidence to support the claim of partnership between the defendants, and the motion to< dismiss the complaint as to the defendant Gaetano Traína should have been granted.

Upon the other questions in dispute, however, the determination of the trial justice is not contrary to the weight of evidence, and it should not be disturbed.

The judgment, therefore, should be reversed as to Gaetano Traína, without costs, and complaint dismissed, without costs, and affirmed as to defendant Anthony Traína, with $25 costs. All concur.

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