Stein v. Hirschhorn — 131 N.Y.S. 1145

Majority

p. 1145

STEIN v. HIRSCHHORN.

(Supreme Court, Appellate Term.

November 10, 1911.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, First District. Action by Isaac Stein against Bernard Hirschhorn. Judgment for plaintiff, and defendant appeals. Reversed, and new trial ordered.

I. Gainsburg, for appellant.

Maurice Neekritz, for respondent.

The record in this case discloses that the lower court has misconceived the issue presented and that there is no legal basis for the judgment rendered. Under the facts proved, if the plaintiff was entitled to anything, it would seem that he was entitled to the full amount claimed. A review of the record convinces us that substantial justice to both parties requires a new trial. Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event.