Schwartz v. Schendel
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of Hew York/ borough of Manhattan, second district, rendered by the court in favor of the plaintiff, by default. Action to recover damages claimed to have been caused by an overflow of water from the premises of the defendant. The material facts are stated in the opinion.
1Opinion of the CourtGiegerich, J.
It is maintained that no appeal lies to this Appellate Term from a judgment of the Municipal Court of the city of Hew York, entered by default; but in Hurry v. Coffin, 11 Daly, 180; and again in Spiero v. Metropolitan Street Railway Co., 14 Misc. Rep. 21, it was expressly held by the General Term of the Court of Common Pleas, that an appeal may be taken.
The justice fixed the value of the goods claimed to have been injured by the overflow at $200. The return, however, fails to disclose any competent evidence on which to rest such determination.
The only testimony touching the nature and extent…
2Cases cited3 opinions
- Hurry v. CoffinNew York Court of Common Pleas · 1882
- Spiero v. Metropolitan St. Ry. Co.New York Court of Common Pleas · 1895
- Whitmark v. LortonNew York Court of Common Pleas · 1890