Klein v. Gallin
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Kings County. Action by John Klein, as trustee, against Samuel Gallin and others. From a judgment for plaintiff, defendants Louis Gross-man and another appeal. Reversed, and new trial granted. See, also, 146 App. Div. 891, 130 N. Y. Supp. 1117.
1Per curiam
The nineteenth, twentieth, twenty-first, twenty-second, and twenty-third findings of fact are not only against the weight of evidence, but are without any evidence to sustain them; and likewise are the thirteenth and fourteenth findings of fact. The ninth, tenth, eleventh, and twelfth findings of fact are not supported sufficiently by the evidence. This situation requires a reversal of this judgment and a new trial, costs to abide the event. Inasmuch as a prior similar judgment in this action was likewise reversed by this court (136 App. Div. 383, 120 N. Y. Supp. 1036), this court now takes…
2Cases cited1 opinion
- Klein v. GallinAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by1 opinion
- Klein v. GallinNew York Supreme Court · 1913