New York Court of Appeals, 1945

Rosine v. Richmond County Federal Savings & Loan Ass'n

Rosine v. Richmond County Federal Savings & Loan Ass'n
New York Court of Appeals · Decided March 1, 1945
60 N.E.2d 839; 294 N.Y. 682; 1945 N.Y. LEXIS 879 (North Eastern Reporter, Second Series)

Rosine v. Richmond County Federal Savings & Loan Ass'n

Opinion of the Court

Judgment of Appellate Division reversed and that of Trial Term affimed, with costs in this court and in the Appellate Division. Whether or not the defect in question was discoverable upon reasonable inspection was properly submitted to the jury as a question of fact. No opinion.

Concur: Loughran, Lewis, Conway, Desmond, and Dye, JJ. Dissenting: Lehman, Ch. J., and Thacher, J.

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