Legal Opinion
Hoffman v. Hoffman
Appellate Division of the Supreme Court of the State of New York
Decided April 22, 1943PublishedCited by 3 opinions
1Per curiam
The defendant failed to demand judgment for the return of the chattels in accordance with sections 1119 and 1124 of the Civil Practice Act. Under these circumstances the court could do no more than direct judgment dismissing the complaint with statutory costs to the defendant. (Levy v. Hohweisner, 101 App. Div. 82.)
The judgment and order should be modified accordingly, and as so modified affirmed, without costs.
Present—Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ.
Judgment and order unanimously modified in accordance with opinion, and as so modified affirmed, without costs. Settle…
2Cases cited1 opinion
- Levy v. HohweisnerAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- St. Germain v. Advance Fireproof Storage Warehouse Corp.New York Supreme Court · 1964
- Goldstein v. Reiss & Fishman, Inc.Appellate Division of the Supreme Court of the State of New York · 1949
- Railroad Waterproofing Corp. v. Memphis Supply, Inc.Appellate Division of the Supreme Court of the State of New York · 1950