Koerner v. Balteransky

156 A.D. 918 Court N.Y. App. Div. English

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Majority

p. 918

Herman Koerner, Appellant, v. Louis Balteransky, Respondent.

Judgment affirmed, with costs. The plaintiff, suing on an assigned claim,

p. 919

failed to offer evidence that the damages which he sought to recover had been sustained by his assignor. The motion to dismiss called this defect in the proof to the attention of the plaintiff’s counsel. Jenks, P. J., Thomas, Carr, Rich and Stapleton, JJ., concurred.