Hyperlawhypertext legal database Dunican v. Conforti 63 N.Y.S. 467

← Cases

Dunican v. Conforti

63 N.Y.S. 467 Court N.Y. App. Term Decision date 1900-03-05 English

Contents

Majority

p. 467
DUNICAN v. CONFORTI et al.
(Supreme Court, Appellate Term.
March 5, 1900.)

Headnote

New York Municipal Court — Record—Residence of Defendants — Jurisdiction — Appeal—Reversal.
Where the record fails to show the residence of the defendants, a judgment of the New York City municipal court will be reversed on appeal, since it is a court of .limited jurisdiction.
Appeal from municipal court, borough of the Bronx, Second district. Action by John W. Dunican against Nicholas Conforti and others. From a judgment of the New York municipal court in favor of plaintiff, defendants appeal.
Reversed.
Argued before TRUAX, P. J., and DUGRO and SCOTT, JJ.
Adolph Cohen, for appellants.
Foley, Wray & Taylor, for respondent.

The record fails to disclose the residence of the defendants. The judgment is therefore reversed, and a new trial ordered in the municipal court in the district in which the action was brought, without costs. See Tyroler v. Gummersbach, 28 Misc. Rep. 151 , 59 N. Y. Supp. 266 , 319.