Rothenberg v. Filarsky
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, borough of Manhattan, from a judgment rendered in favor of the defendants upon a trial had before the court, without a jury. The nature of the action, and the facts, so far as they are material, are stated in the opinion.
1Opinion of the CourtGiegerich, J.
The action is to recover damages for the conversion of personal property. The pleadings are in writing. The defendants answered separately, but the answers are similar in all respects, each denying every allegation of the complaint.
At the trial after the plaintiff had rested and the testimony of the defendant, Samuel Filarsky, had been taken in behalf of the defendants, the plaintiff moved to discontinue the action, which application was refused upon the defendants’ objection and the plaintiff excepted. Under the authorities, such refusal constituted reversible error. Section 1382 of the…
2Cases cited3 opinions
- Martin v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1886
- Goldberg v. VictorAppellate Terms of the Supreme Court of New York · 1899
- Bidwell v. WeeksNew York Court of Common Pleas · 1858
3Cited by3 opinions
- Nichols v. WilliamsNew York Supreme Court · 1904
- Nichols v. WilliamsAppellate Terms of the Supreme Court of New York · 1904
- Transcendent Light Co. v. SteitzAppellate Terms of the Supreme Court of New York · 1901