Legal Opinion · Dissent

Rimoldi v. Hudson Guild

Appellate Terms of the Supreme Court of New York

Decided June 15, 1908Published

Appeal by the defendant from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city- of ¡N"ew York, third district, borough of Manhattan.

1Dissent

Giegerich, J. (dissenting).

Regan v. Luthy, 16 Daly, 413'; 11 N. Y. Supp. 709, decided in 1890, which is treated in the prevailing opinion as superseded by the authority of Beekman v. Van Dolsen, 63 Hun, 487, decided in 1892, was explicitly approved and followed by this court in Myers v. Hussenbuth, 32 Misc. Rep. 717, decided in 1900.

Under such circumstances, I think we should adhere to the rule of the Regan case, as reaffirmed in the Myers case, and, therefore, vote for an affirmance of the judgment without any modification.

Judgment modified and, as modified, affirmed, without costs.

2Cases cited3 opinions

  1. Regan v. LuthyNew York Court of Common Pleas · 1890
  2. Beekman v. Van DolsenNew York Supreme Court · 1892
  3. Myers v. HussenbuthAppellate Terms of the Supreme Court of New York · 1900