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Ansonia v. Hein

152 N.Y.S. 1097 Court N.Y. App. Div. Decision date 1915-04-30 Docket No. 7190 English

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p. 1097
THE ANSONIA v. HEIN.
(No. 7190.)
(Supreme Court, Appellate Division, First Department.
April 30, 1915.)

Headnote

Appeal from Trial Term, New York County. Action by The Ansonia against Edna Valentine Ilein, now known as Mrs. Norman Selby. From a judgment entered upon the verdict of a jury, and from an order denying a motion for new trial, defendant appeals. Reversed, and new trial ordered. See, also, 152 N. Y. Supp. 1097. Harold M. Phillips, of New York City, for appellant. George M. Pinney, of New York City, for respondent.

The plaintiff has failed to sustain the burden of proof that the alterations in the lease sued on were made before signature by the plaintiff and delivery. The judgment and order appealed from must therefore be reversed, and a new trial ordered, with costs to appellant to abide the event. Order filed.

DOWLING, J., dissents.