Heller v. Gerry

Appeal from a judgment of the Supreme Court in favor of the defendants, entered April 5, 1974 in Sullivan County, upon a decision of the court at a Trial Term, without a jury. This case was previously before the court upon an appeal from a judgment dismissing the complaint at the close of the plaintiffs’ ease, and, upon a decision by this court determining that a cause of action had been prima facie established for an impairment of Hyman Heller’s mortgage and a conversion of chattels owned by Hyman Heller, Inc., that judgment was modified as to the respondents herein and remitted for a new…