Anzolone v. Paskusz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jacob Paskusz, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of November, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 30th day of October, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Patterson, J.:
There is no dispute as to the facts of this case, and a single question of interpretation of the covenants and conditions of a written instrument is presented. At the trial the learned justice presiding submitted the interpretation of those covenants to the jury, which was an erroneous course to pursue, for there was no ambiguity in the instruments nor was there conflicting evidence concerning the. circumstances under which they were executed and upon which a jury might be required to pass to enable the court to construe the instruments, but that consideration is not now…
2Cases cited2 opinions
- Michaels v. . FishelNew York Court of Appeals · 1902
- Baylies v. IngramAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by25 opinions
- Rosenfeld v. AaronNew York Court of Appeals · 1928
- Feyer v. ReissAppellate Division of the Supreme Court of the State of New York · 1912
- Halpern v. . Manhattan Avenue Theatre CorporationNew York Court of Appeals · 1917
- New York Overnight Partners, L. P. v. GordonAppellate Division of the Supreme Court of the State of New York · 1995
- Kleinstein v. GonskyAppellate Division of the Supreme Court of the State of New York · 1909
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