Hyperlawhypertext legal database Bachia v. Rogers 157 N.Y.S. 1117

← Cases

Bachia v. Rogers

157 N.Y.S. 1117 Court N.Y. App. Div. Decision date 1916-02-28 English

Contents

Majority

p. 1117
Richard BACHIA and another, respondents, v. C. Milton ROGERS, appellant.
(Supreme Court, Appellate Division, Second Department.
February 28, 1916.)

Judgment reversed and new trial granted, costs to abide the event, on the sole ground that there is no finding that the statutory bond required to maintain the action was ever filed or served. If it may be established by documentary evidence that the bond in question was filed and served, it may be availed of for the purpose of affirming the judgment on an application for a reargument. Jenks, P. J., and Thomas, Carr, Mills, and Rich, JJ., concur.