Appellate Terms of the Supreme Court of New York, 1924

Simpson v. Cafe La Vie

Appellate Terms of the Supreme Court of New York · Decided November 13, 1924

123 Misc. 947; 206 N.Y.S. 650; 1924 N.Y. Misc. LEXIS 1239

Counsel

Samuel J. Siegel, for the appellant., J oseph Rubin, for the respondents.

Per Curiam.

The burden of showing the extent of the nonperformance was upon the party claiming to have performed substantially. Spence v. Ham, 163 N. Y. 220.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Guy, Bijur and Mullan, JJ.

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