Legal Opinion

Langman v. Milbury

Appellate Terms of the Supreme Court of New York

Decided May 15, 1900Published

Appeal by the defendant from a judgment of the Municipal Court of the city of Hew York, borough of Manhattan, rendered in favor of the plaintiff upon a trial had before the court, without a jury.

1Opinion of the Court

■Per Curiam.

The fact that the defendant had, at the time of the trial, a place of business in the city of Hew York, does not satisfy the jurisdictional requirement. Proof of actual residence will alone suffice (Routenberg v. Schweitzer, 29 Misc. Rep. 653; affd., 50 App. Div. 218; and, since this proof is not furnished by the record, the judgment must be reversed and a new trial ordered. As the question was raised upon the trial, the reversal will be with costs, to abide the event.

Present: Beekman, P. J., Giegerich and O’Gorman, JJ.

Judgment reversed and new trial ordered, with costs to abide…

2Cases cited2 opinions

  1. Routenberg v. SchweitzerAppellate Division of the Supreme Court of the State of New York · 1900
  2. Routenberg v. SchweitzerAppellate Terms of the Supreme Court of New York · 1899

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