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Steiner v. Block

62 N.Y.S. 473 Court N.Y. App. Term Decision date 1900-02-08 English

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p. 473
STEINER v. BLOCK.
(Supreme Court, Appellate Term.
February 8, 1900.)

Headnote

Appeal from Municipal Court—Jurisdiction.
Where, out appeal from a judgment in plaintiff’s favor in a municipal court, the jurisdiction of the court does not appear, either by averment or by evidence in the return, the judgment must be reversed.
Appeal from municipal court, borough of Manhattan, First district.
Action by Louis Steiner against Morris Block. From a judgment for plaintiff, defendant appeals.
Reversed.
Argued before FREEDMAN, P. J., and MacLEAN and LEVEN-TRITT, JJ.
Elias G. Levy, for appellant.
Horwitz & Samuels, for respondent.

The jurisdiction of the court below appearing neither by averment, nor by evidence in the return, the judgment must be reversed. Frees v. Ford, 6 N. Y. 176 ; Gilbert v. York, 111 N. Y. 544 , 19 N. E. 268 .

Judgment reversed, and a new trial ordered, with costs to the appellant to abide the event.

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