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Kolodny v. Schwartz

274 A.D. 896 Court N.Y. App. Div. Decision date 1948-10-11 English

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p. 896
Betty Kolodny, as Administratrix of the Estate of Israel Arnove, Deceased, Appellant, v. Joseph Schwartz et al., Respondents.

Action to recover damages for withholding possession of real property and for converting personal property. Judgment entered in favor of defendants, after trial by the court without a jury, reversed on the law and the facts and a new trial granted, with costs to abide the event, on the ground that the evidence was sufficient to establish prima facie the existence of an oral lease. Carswell, Johnston, Adel, Nolan and Sneed, JJ., concur.