Legal Opinion
Freidus v. Eisenberg
New York Court of Appeals
Decided May 3, 1988PublishedCited by 30 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be modified by reinstating so much of the judgment as awarded damages to defendant on her counterclaim for use and occupancy and, as so modified, affirmed, with costs.
It is well settled that "parties to a civil litigation, in the absence of a strong countervailing public policy, may consent, formally or by their conduct, to the law to be applied” (Martin v City of Cohoes, 37 NY2d 162, 165). Thus, an "agreement on a theory of damages at trial, even if only implied, must control on appeal” (T. W. Oil v Consolidated Edison…
2Cases cited2 opinions
- Martin v. City of CohoesNew York Court of Appeals · 1975
- T. W. Oil, Inc. v. Consolidated Edison Co. of New York, Inc.New York Court of Appeals · 1982
3Cited by30 opinions
- Rubin v. PecoraroAppellate Division of the Supreme Court of the State of New York · 1988
- Snyder v. City of MinneapolisSupreme Court of Minnesota · 1989
- Rhodes v. DavisCourt of Appeals for the Second Circuit · 2015
- Fernandez v. PriceAppellate Division of the Supreme Court of the State of New York · 2009
- Davis v. Nassau Ophthalmic Services, P. C.Appellate Division of the Supreme Court of the State of New York · 1996
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