Lange v. Garfunkel
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, third district, rendered in favor of the plaintiff upon a trial had before the court, without a jury. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtGiegerich, J.
The record shows that the defendant did not deny any of the allegations of the complaint, but set up affirmative defenses. Hence, when the case was called for trial, nothing remained for the plaintiff to prove. It is to be conceded that defendant’s admissions upon the trial did not affect the right to the affirmative, but under the state of the pleadings, as disclosed by the return, the affirmative was with the defendant. Under the circumstances, it was reversible error for the trial justice to refuse, as he did, the latter’s request made at the opening of the trial, to *526open and close the…
2Cases cited2 opinions
- Conselyea v. . SwiftNew York Court of Appeals · 1886
- Trenkmann v. SchneiderAppellate Terms of the Supreme Court of New York · 1898