Legal Opinion

Mindlin v. Dorfman

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

Decided July 1, 1921PublishedCited by 7 opinions

Appeal by the plaintiffs, Henry Mindlin and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 1st day of November, 1920, upon the verdict of a jury, and also from an order, entered in said clerk’s office on the same day, denying plaintiffs’ motion for a new trial made upon the minutes.

1Opinion of the Court

Page, J.:

The jury rendered a verdict for the defendant, on conflicting evidence. In the course of the trial, after the defendant had given testimony, a witness for the plaintiffs testified that at a certain time and place .he had a conversation with the defendant. He was asked, “ What was that conversation ? ” It was objected to as immaterial, irrelevant and incompetent. The plaintiffs’ counsel then stated, “ I propose to prove an admission against interest.” Defendant’s counsel said, “ But Mr. Dorfman’s attention ought to have been called to this.” The plaintiffs’ counsel then asked the…

2Cases cited1 opinion

  1. Raabe v. . SquierNew York Court of Appeals · 1895

3Cited by7 opinions

  1. Burgess v. Leon's Auto Collision, Inc.Civil Court of the City of New York · 1976
  2. Millington v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1976
  3. Spuches v. Royal View, Inc.New York Supreme Court · 1960
  4. People v. BallingerNew York Supreme Court · 1998
  5. People v. MercereauNew York Supreme Court · 2009

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