Liberman v. Beck
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court', Borough of Brooklyn, Fourth District. Action by Sarah Liberman against Samuel Beck, doing business as “The Beck Shoe.” From an order denying plaintiff’s motion for a new trial, and denying a motion for an order amending the date of entry of the judgment, so as to conform to the date of entry of the order denying the motion to vacate it, plaintiff appeals. Order reversed, and motion to vacate judgment granted, and a new trial ordered.
1Opinion of the CourtStapleton, J.
This action was for the recovery of the agreed price of goods sold and delivered. The answer interposed contained a general denial and a special defense, alleging implied breach of warranty and rescission. The complaint of the plaintiff sufficiently stated a cause of action. Plaintiff offered no evidence upon the trial, because the facts stated in the complaint were expressly admitted upon the record.
[1] The defendant entered upon his defense, and the court below rendered its judgment in the following words;
“For defendant, dismissing the complaint without prejudice on defendant’s motion at…
2Cases cited2 opinions
- Lackner v. American Clothing Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Arker v. CohenAppellate Division of the Supreme Court of the State of New York · 1910