Legal Opinion

Rubin v. Siegel

Appellate Division of the Supreme Court of the State of New York

Decided July 3, 1919PublishedCited by 20 opinions

Appeal by the defendants, Samuel G. Siegel and another, from a judgment of the Supreme Court in favor of the plaintiff’s intestate, entered in the office of the clerk of the county of New York on the 12th day of April, 1918, upon the verdict of a jury for 16,000, and also from an order entered in said clerk’s office on the 22d day of April, 1918, granting plaintiff’s motion for an extra allowance of costs and denying defendants’ motion for a new trial made upon the minutes.

1Opinion of the Court

Page, J.:

We have arrived at the conclusion that this judgment will have to be reversed because of an error in the exclusion of evidence. As there will be a new trial, we feel that it is our duty at this time to pass upon several questions presented by the appellants of which, in our opinion a proper disposition was made upon the trial.

The appellants claim that the complaint does not state facts sufficient to constitute a cause of action. The complaint alleges the contract between the parties, a violation of which gave rise to the cause of action, and also annexes a copy and by appropriate…

2Cases cited2 opinions

  1. Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
  2. Chamberlain v. . IbaNew York Court of Appeals · 1905

3Cited by20 opinions

  1. Borne Chemical Co. v. DictrowAppellate Division of the Supreme Court of the State of New York · 1981
  2. Peaseley v. VIRGINIA IRON, COAL AND COKE COMPANYSupreme Court of North Carolina · 1973
  3. New Amsterdam Casualty Co. v. Mobinco Brokerage Co.Appellate Division of the Supreme Court of the State of New York · 1927
  4. A. L. Gosselin Corp. v. Mario Tapparelli fu Pietro of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
  5. Pletman v. GoldsollAppellate Division of the Supreme Court of the State of New York · 1942

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