Hamilton v. Fleckenstein
Appellate Division of the Supreme Court of the State of New York
Reargiiment of an appeal by the plaintiff, James M. Hamilton, from a judgment of the Supreme Court in favor of the defendants William S. Morse and others, entered in the office of the clerk of the county of Monroe on the 10th day of April, 1906, upon the decision of the .court, rendered after a trial at the Monroe Special Term, dismissing the complaint as to said defendants.
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Reargiiment of an appeal by the plaintiff, James M. Hamilton, from a judgment of the Supreme Court in favor of the defendants William S. Morse and others, entered in the office of the clerk of the county of Monroe on the 10th day of April, 1906, upon the decision of the .court, rendered after a trial at the Monroe Special Term, dismissing the complaint as to said defendants. The judgment appealed from was affirmed by this court July 12, 1906, and thereafter on appellant’s application a reargument was granted. • (See 114 App. Div. 915; 115 id. 883).
1Opinion of the Court
Robson, J.:
Appellant’s motion for reargument was founded upon the claim that certain findings of fact, made by the court at his request, were inconsistent with and directly contradicted the material finding of .fact, made by the court, upon which respondents’ right to the . judgment, directed in the court’s conclusions of law, was based.
The only question presented to the court at this time is whether the findings to which our attention is now directed are so diametrically opposed as to be necessarily irreconcilable. ■ If these findings, whether made by the court as its own conclusions of…
2Cited by2 opinions
- Nichols v. SmithAppellate Division of the Supreme Court of the State of New York · 1914
- In re SchottAppellate Division of the Supreme Court of the State of New York · 1913