Kraus v. . Birnbaum
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 10, 1909, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 10, 1909, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court nonsuited the plaintiff; there was no motion for a new trial; the appeal to the Appellate Division was from the judgment only; the Appellate Division had no jurisdiction to review the facts; its order of reversal on the law and the…
1Opinion of the CourtChase, J.
This is an action of ejectment. Upon the trial at the close of the plaintiff’s evidence the defendant moved for a nonsuit upon grounds stated at length. The motion was granted and the court said: “ Upon the two grounds that the plaintiff has failed to prove that she has been ousted from the possession of said lot (the lot described in the complaint) and on the ground that the plaintiff has failed to prove that defendant was in possession of any part of said lot at the time of the commencement of this action I grant the motion to dismiss the complaint.”
The plaintiff duly excepted to the…
2Cases cited13 opinions
- Second National Bank v. WestonNew York Court of Appeals · 1902
- Butler v. . Frontier Telephone Co.New York Court of Appeals · 1906
- Tousey v. . HastingsNew York Court of Appeals · 1909
- Thompson v. . BurhansNew York Court of Appeals · 1879
- Second National Bank of Elmira v. WestonNew York Court of Appeals · 1900
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3Cited by39 opinions
- Meiselman v. Crown Heights Hospital, Inc.New York Court of Appeals · 1941
- Faber v. . City of New YorkNew York Court of Appeals · 1915
- Lalor v. . City of New YorkNew York Court of Appeals · 1913
- Glick v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
- Flamer v. City of YonkersNew York Court of Appeals · 1955
34 more not listed; retrieve them via the Exa API.